English Legal System

Question 1

Romford Trial / R v Danvers

Answer 1

Challenge to the array

Danvers > if selection is random, jury cannot be challenged on racial diversity

Romford > selection not random, most jurors from the same geographical area

Question 2

Heathrow Robbery Trial

Answer 2

Use of s.44 CJA 2003

“No jury, no justice” - public has faith in the jury

First use of s.44 for hundreds of years

Question 3

R v Owen

Answer 3

Jury equity

Juries follow the spirit, not the letter of the law - jury equity (advantage)

Question 4

R v Young

Answer 4

Ouija board

Secrecy of the jury room can result in unsafe verdict (disadvantage)

Question 5

R v Ponting

Answer 5

No jury equity

Example of a perverse verdict - opposite of jury equity (disadvantage)

Question 6

Bushel’s Case / R v Wang

Answer 6

“Jurors are the sole arbitrators of fact”

+ there are no circumstances in which a judge can direct a guilty verdict

Question 7

Re Osman

Answer 7

Deaf juror

Disability should only be classed as lack of capacity when it stops someone from being an effective juror

Question 8

ABC Trial

Answer 8

Vetting

Issued guidelines on how vetting should take place

Question 9

R v Obellim

Answer 9

Vetting should take place before trial, not after

Question 10

R v Home Sec. Ex. P. Fire Brigades

Answer 10

Delegated Legislation - control by courts

Case showing ‘substantially ultra vires’

Changes made by the Home Secretary were held to have gone beyond the power given to him

Question 11

Aylesbury Mushrooms

Answer 11

Delegated Legislation - control by courts

Case showing ‘procedurally ultra vires’

Failed to follow procedure of consultation, making the DL concerning youth training boards void for mushroom growers