juries

Question 1

Which Act outlines who is eligible for jury service?

Answer 1

S1 Juries Act 1974 as amended by the Criminal Justice Act 2003

Question 2

Who is eligible for jury service? (3 points)

Answer 2

1) You must be 18-75 years old
2) You must have been a UK resident for at least 5 years consecutively since 13th Birthday
3) You must be on the electoral register

Question 3

Give 3 examples of what kind of mental disorder would make a person unfit for service in a jury:

Answer 3

1) If they have any mental disorder under the Mental Health Act 1983
2) If they have a psychotic disorder (personality)
3) If they are a resident of an institution or hospital attending a medical practitioner for treatment

Question 4

What Act explains disqualifications from jury service?

Answer 4

Juries Act 1974, as amended by CJA 2003

Question 5

Give 2 examples of when a person would be permanently disqualified from jury service:

Answer 5

1) If they are serving a life sentence

2) If they have received a sentence of 5 years or more at anytime in their life.

Question 6

Give 3 examples of when a person would be temporarily disqualified from jury service:

Answer 6

1) If they have been subject to a prison term or suspended sentence below 5 years
2) If they are on bail
3) If they are serving a community order

Question 7

When would a person be incapable of serving on a jury?

Answer 7

If there is a physical disability that will affect the potential juror’s ability to fulfil their role

Question 8

Give 2 examples of when a person would be Incapable of serving on a jury:

Answer 8

1) Being Deaf

2) Being Blind

Question 9

Which Act allows for excusal or deferrals?

Answer 9

S9 Juries Act 1947

Question 10

Give 5 examples of when a person could get an excusal or a deferral:

Answer 10

1) religious holidays
2) exams
3) work commitments
4) Childcare commitments
5) PAID holidays

Question 11

Where are names selected from in order to get people to do jury service?

Answer 11

Electoral Register

Question 12

If you have been summoned to jury service, why must you notify the court if you can/cannot go?

Answer 12

You could face a £1000 fine

Question 13

How long are you expected to serve as a jury member if summoned?

Answer 13

10 working days (2 weeks)

Question 14

What is vetting?

Answer 14

Checking.

Potential jurors can be checked for their suitability.

Question 15

What are the 2 types of checks that can be carried out on a potential juror?

Answer 15

1) Police Checks

2) Wider background checks

Question 16

What is the purpose of this type of vetting? (police checks)

Answer 16

To ensure that no potential juror is disqualified

Question 17

What is the purpose of this type of vetting? (wider background checks)

Answer 17

Only allowed in exceptional circumstances eg. in terrorist cases or cases involving national security. Attorney General must give express permission for this.

(RvMair)

Question 18

The Prosecution and Defence then have the right to challenge the jury. What are the 2 types of challenge?

Answer 18

1) Challenging the whole jury

2) Challenging an individual juror

Question 19

What is Challenging the whole jury also known as?

Answer 19

Challenge to the array

Question 20

Why would challenging to the array be done?

Answer 20

If the jury is unrepresentative or selected in a biased way.

Question 21

Give an example of challenging to the array?

Answer 21

R v Fraser - D was from ethnic minority. Defence objecting as jury were all white.
Romford Jury - 9/12 jurors were from the same neighbourhood. 2 were neighbours.

Question 22

What is Challenging an individual also known as?

Answer 22

Challenge for cause

Question 23

Why would challenge for cause be done?

Answer 23

If the juror is disqualified or they may know someone in the case.

Question 24

Give an example of challenge for cause:

Answer 24

R v Wilson and Sprason - Jury member was the wife of the prison officer.

Question 25

The prosecution have the right to stand by for the crown - what does this mean?

Answer 25

The prosecution can challenge a juror. They ask a juror to stand by for the crown. The juror will be put on the bottom of the list and will only be used if there is no one else - no reason needed.

Question 26

What do they promise in an oath?

Answer 26

Swear by almighty God to faithfully try the defendant and give true verdicts according to the evidence.

Question 27

What do they promise in an affirmation?

Answer 27

Solemnly, sincerely and truly declare and affirm they will faithfully try the defendant and give true verdicts according to the evidence.

Question 28

How many cases are tried by a jury each year?

Answer 28

30,000

Question 29

What offences does a jury hear?

Answer 29

Indictable

Question 30

Which case supports the fact that no one else is allowed to try and influence the jury?

Answer 30

Bushell’s Case

Question 31

Which case supports the idea of directed acquittal?

Answer 31

R v Counsell

Question 32

What case supports the idea of secrecy in the jury room? (Under the contempt of court Act 1981)

Answer 32

AG v Fraill

Question 33

What case supports the idea of a ‘hung’ jury?

Answer 33

R v Jenkins (sion)

Question 34

What did the Criminal Justice and Courts Act 2015 try to resolve?

Answer 34

• easy for jurors to research cases on the internet and then share with other jury members

Question 35

How did the Criminal Justice and Courts Act 2015 resolve the issues?

Answer 35

• Trial judge can order jurors to hand in electronic devices
• Jury officer can check jurors for any devices
• it is a criminal offence to research any case on the internet
• It is a criminal offence to share any researched information with fellow jurors

Question 36

4 advantages of a jury:

Answer 36

• Public confidence
• Jury Equity
• Secrecy
• Impartiality

Question 37

4 disadvantages of a jury:

Answer 37

• Perverse decisions
• Influence of modern technology
• Secrecy
• Risk of bias in decision making