Describe The Qualification,selection And Appointment Of Juries Flashcards

1
Q

What legislation contains the rules for jury service?

A

The rules are contained in the Juries Act 1974, amended by the Criminal Justice Act 2003 and the Criminal Justice and Courts Act 2015.

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2
Q

What are the qualifications to serve on a jury?

A

A person must be aged between 18-75, on the electoral register, and a resident of the UK, Channel Islands or Isle of Man for at least 5 years since the age of 13.

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3
Q

Who is disqualified from serving on a jury for life?

A

Those who have been imprisoned for life or for public protection, or have received a prison sentence of 5 years or more.

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4
Q

What is the disqualification period for those who received a prison sentence of less than 5 years?

A

Disqualification for 10 years applies to those who have received a prison sentence of less than 5 years, a suspended sentence, or a community order.

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5
Q

What happens if a disqualified person fails to disclose their status?

A

If a disqualified person fails to disclose the fact and turns up for jury service, they may be fined up to £5,000.

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6
Q

Who is considered ineligible to serve on a jury?

A

Ineligible people include those with certain mental health issues, who cannot speak/understand English, or those with disabilities that prevent them from carrying out the role.

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7
Q

How long can jury service be deferred?

A

Jury service can be deferred for up to 12 months where there is ‘good reason’.

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8
Q

What are some examples of ‘good reason’ for deferring jury service?

A

Examples include a booked holiday, an exam, an operation, or if Armed Forces personnel are needed elsewhere as certified by their commanding officer.

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9
Q

What is excusal in the context of jury service?

A

Excusal can be given if jury service cannot be undertaken in the next 12 months for ‘good reason’.

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10
Q

What are some examples of ‘good reason’ for excusal?

A

Examples include having a serious illness or disability, or being a full-time carer of someone with a serious illness or disability.

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11
Q

When does jury selection begin?

A

Selection begins when the Jury Central Summoning Bureau randomly selects names from the electoral register.

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12
Q

What is sent to those selected for jury service?

A

A Lord Chancellor’s Summons is sent through the post, and those summoned must reply.

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13
Q

How many summonses are sent out every two weeks?

A

Approximately 150 summonses for each court are sent out every two weeks.

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14
Q

What is the penalty for ignoring a jury summons?

A

If the summons is ignored, they could be fined up to £1,000.

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15
Q

How long are jurors expected to attend for service?

A

All jurors are expected to attend for two weeks’ service, but may have to attend longer if the trial lasts more than that.

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16
Q

How are jurors grouped in the waiting area at court?

A

People are randomly divided into groups of 15 from the jury pool in the waiting area at court.

17
Q

What happens when the Court Clerk calls names?

A

The Court Clerk will call 12 names randomly selected from a shuffled pack of cards.

18
Q

What checks and challenges are undertaken in jury selection?

A

Checks and challenges are undertaken.

19
Q

What are the two ways vetting can happen?

A

Vetting can happen through The Disclosure and Barring Service (DBS) checks and authorised jury checks.

20
Q

What do DBS checks involve?

A

DBS checks are routine police checks and checking whether certain jurors are disqualified.

21
Q

When are authorised jury checks made?

A

Authorised jury checks are made in exceptional circumstances, such as in cases involving national security.

22
Q

What is required for authorised jury checks?

A

Permission from the Attorney General is required.

23
Q

How can jury members be challenged in the courtroom?

A

Jury members may be challenged in three ways.

24
Q

What does a challenge ‘to the array’ mean?

A

A challenge ‘to the array’ means a challenge to the whole jury on the basis that it has been chosen in an unrepresentative or biased way.

25
Is a challenge 'to the array' common?
It is extremely rare.
26
What was held in the case of Ford regarding challenges to the array?
In Ford, it was held that a challenge cannot be made simply because a jury is not multi-racial.
27
What does a challenge 'for cause' mean?
A challenge 'for cause' means a challenge to an individual juror, for example, because they are disqualified or know the defendant or a witness.
28
What was the example given in the case of Wilson?
In Wilson, the juror was the wife of a prison officer who worked in the prison where the defendant was imprisoned.
29
What does it mean when the prosecution asks a juror to 'stand by'?
The prosecution may ask a juror to 'stand by', without giving a reason, putting the juror to the end of the list.
30
When will a juror who is 'stood by' be used?
The juror will only be used if there are not enough others.
31
What is an example of when a juror might be 'stood by'?
An example would be if a juror clearly would be unable to follow a complex case.
32
What is the process of appointment in jury selection?
Appointment takes place when the jury enters the jury box to be sworn in on oath on the holy book of their choice, or they can 'affirm' if they are of no faith.