Juries 1

Question 1

Eligible?

Answer 1

-S1 Juries Act 1974 as amended by the Criminal Justice Act (2003) and the Criminal Justice and Courts Act 2015 outlines who qualifies as eligible:

• Between 18-76 years old
• Been a UK resident for at least 5 years since 15th Birthday
• On the electoral register

Question 2

Disqualified?

Answer 2

• The Juries Act 1974, as amended by CJA 2003 disqualifies those with certain criminal convictions from doing jury service, either permanently or temporarily.
• Permanent: sentenced to life imprisonment, term of 5 years or more imprisonment.
• Temporary (10 yrs): in the past 10 yrs faced any conviction, sentence or community order and bail in criminal proceedings.

Question 3

Ineligible?

Answer 3

-Other people e.g. mentally disordered persons, are considered to be ineligible for jury service.
If they are:
-Resident in a hospital or similar institution
-Regularly attends for treatment by a medical practitioner

Question 4

Excusal?

Answer 4

-S9 Juries Act 1974 says people who do not wish to do jury service must apply to the court for a discretionary excusal which will excuse a person permanently from jury service.

• Serious long term illness or disability
• Cannot understand English
• Full time serving members of forces

Question 5

Deferral?

Answer 5

-S9 Juries Act 1974 also allows for a temporary deferral for up to 12 months, but there must be a good reason…

• Religious holidays
• Important exams
• Urgent business requirements
• No childcare
• Pre-booked holidays

Question 6

What was the rule before the CJA 2003?

Answer 6

Before the Criminal Justice Act 2003 people such as judges, lawyers and police officers could not sit on a jury, however they now have an obligation to carry out this civic jury.

Question 7

How is a jury selected?

Answer 7

• Names are selected from the electoral registers
• Responsibility of Central Jury Summoning Bureau send summons to those selected
• Those summoned must notify the court if there is any reason they cannot do service
• If summoned, you are expected to attend for a minimum of 2 weeks jury service, though if a trial is expected to last longer, jurors will be asked if they can serve.

Question 8

What happens in Vetting?

Answer 8

1) Police checks - eliminate those disqualified
2) Wider background checks - cases of national security subject to Attorney-General guidelines, evidence is likely used using camera for terrorist cases.

Question 9

How many are selected?

Answer 9

Court clerk selects 12 jurors from 15 at random

Question 10

What can the defence do to the jury?

Answer 10

The defence then have the right to challenge the jury.

Question 11

Challenge to the array. what is it and cases for it?

Answer 11

Challenging to the array:

• On the basis it is done in an unrepresentative or biased way.
• The Romford Jury 1993 - 9 jurors come from Romford, 2 living within 20 doors
• R v Fraser 1987- D was of ethnic minority + jurors white. Judge empanelled new jury
• R v Ford 1989- if the jury was chosen in a random manner could not be challenged - multi-racial.

Question 12

Challenge for cause. what is it and cases for it?

Answer 12

Challenging for cause:

• Point out a valid reason why a juror should not serve on the jury - obvious reason is they’re disqualified or if they know the D or witness.
• R v Wilson and R v Sprason 1995 - wife of prison officer summoned and asked to be excused on the ground but wasn’t granted. Convicted D, but her presence meant it had to be quashed.

Question 13

What can the prosecution ask a juror?

Answer 13

• The Prosecution has the right to ask a juror to ‘stand by’ and put them at the bottom of the list.
• They have to take either an oath or affirmation to give truthful verdicts and only use evidence.