Juries Flashcards
How are jurors selected?
They are randomly selected from the electoral register.
What Act puts forward the qualifications required to sit on a jury?
The Juries Act 1974
What are the requirement to sit on a jury under the Juries Act 1974?
- must be between ages 18-75.
- registered to vote in parliament or local government elections.
- a registered British or Irish citizen in the UK, the Channel Islands or the Isle of Man for at least 5 years since 13th birthday.
What two cases established/emphasised the independence of the jury?
Bushell (1670) established independence of the jury.
McKenna (1960) more modern example.
What right have people had since at least the Middle Ages?
The right to be tried by your peers. So defendants have the right to a trial by jury in the Crown Court if they wish.
How many members do crown court juries have?
12 members.
Approximately how many criminal cases are heard in the crown court?
2% and the vast majority are heard in the magistrates.
What will disqualify a person from sitting on a jury?
- people serving life sentences (in prison or community).
- Detention during her majesty’s pleasure (underage and cannot be sent to adult prison yet).
- imprisonment for public protection.
- an extended sentence.
- a term of imprisonment for 5 or more years.
What will disqualify a person from sitting in a jury for 10 years?
- have served a sentence of imprisonment.
- have had a suspended sentence.
- have had a community order.
What are the disqualifications for mentally disordered people?
- those who have been hospitalised or are attending treatment.
- person under guardianship under section 7 of the Mental Health Act 1983.
- a person, decided by the judge, who is considered unable to administer their property or affairs.
Can lawyers and police officer sit on juries?
Since the Criminal Justice Act 2003 judges, lawyers and police officers can sit on juries.
When can you be excused from jury service? (Discretionary excusals)
- members of the serving forces (army).
- those too ill to attend, or with a disability.
- mothers with young babies.
- people with business appointments.
- people who have booked holidays.
Most of the above will have their jury service deferred to a later date.
If do not attend without a suitable reason/ don’t attend if you get selected a second time what will happen?
You will be fined up to £1,000.
Why might blind people or people who have a lack of English language ability be excused?
If the judge believes their situation may hinder the jurors ability to fully participate in the jury. He may discharge them.
What other people are generally not allowed on a jury?
Some deaf people because they may need a sign language interpreter (13 member).
Can vetting and routine police checks be requested and by who?
Yes it can by either the prosecution or the defence.
What does a jury decide?
They decide if the defendant is guilty or not guilty and they do not have to provide reason for their decision. Their decision is final.
Do juries make their decision if public or private?
In private.
If the judge believes there is insufficient prosecution evidence in law to allow the case to continue what may he do?
Direct the jury to find the defendant not guilty.
When might a majority verdict be accepted?
If at least 2 hours have passed and the jury has not reached a decision the judge can call the jury back and accept a majority verdict.
Why were majority verdicts introduced?
To prevent jury nobbling.
What are the majority verdict ratios?
10:2 or an 11:1 majority verdict can be accepted on a full jury.
Who must announce the numbers for a majority verdict?
S17 of the Juries Act 1974 sates the foreman of the jury must announce the numbers.
How many majority verdicts are made a year roughly?
20%
