Criminal Juries + Pre-Trial procedures Flashcards
Criminal Juries
- ‘Trial By peers’
- Listens to evidence, decides whether accused is Guilty or Not Guilty
- Used in Original Jurisdiction of Supreme + County Court
- Not used in Magistrates Court or on appeal
Unanimous Verdict
Criminal jury must first try and reach a unanimous verdict, if not, majority (11) verdict will be accepted in cases other than Murder, Treason and Commonwealth offences
‘Hung Jury’
If majority can’t be reached, offender is free to go, may be tried again at a later date
Selection of a jury
- JURIES COMMISSIONER directs chief electoral officer to select at random from the electoral role the require number of individuals
- JC sends a questionaire to establish if each person is; Disqualified, Ineligible, Excused for good reason, Permanently Excused
Disqualified:
If a person has been convicted of treason, served over 3 years in jail, been imprisoned for 3+ months in the last 5 years, in remand, bankrupt
Ineligible
Too closely involved in the court process, e.g. police, lawyers, court reporters
-Has a disability that would render them incapable, or cannot speak English
Excused for good reason
Can apply to the juries commissioner prior to be excused for poor health, pregnancy, distance etc
Permanently Excused
Poor health, disability or advanced age
Foreperson:
Spokesperson for jury and responsible for jury conduct
Bail:
The release from custody until court date to uphold the presumption of innocent until proven guilty. Can be refused
Committal Hearing:
Acts as a filter, taking place before trial in county or supreme court to determine if there is sufficient evidence to support a conviction in a higher court - takes place in Magistrates
- Starts with a charge sheet, identifies whether defendant seeks to plead guilty
