juries Flashcards
Which Act outlines who is eligible for jury service?
S1 Juries Act 1974 as amended by the Criminal Justice Act 2003
Who is eligible for jury service? (3 points)
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
Give 3 examples of what kind of mental disorder would make a person unfit for service in a jury:
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
What Act explains disqualifications from jury service?
Juries Act 1974, as amended by CJA 2003
Give 2 examples of when a person would be permanently disqualified from jury service:
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.
Give 3 examples of when a person would be temporarily disqualified from jury service:
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
When would a person be incapable of serving on a jury?
If there is a physical disability that will affect the potential juror’s ability to fulfil their role
Give 2 examples of when a person would be Incapable of serving on a jury:
1) Being Deaf
2) Being Blind
Which Act allows for excusal or deferrals?
S9 Juries Act 1947
Give 5 examples of when a person could get an excusal or a deferral:
1) religious holidays
2) exams
3) work commitments
4) Childcare commitments
5) PAID holidays
Where are names selected from in order to get people to do jury service?
Electoral Register
If you have been summoned to jury service, why must you notify the court if you can/cannot go?
You could face a £1000 fine
How long are you expected to serve as a jury member if summoned?
10 working days (2 weeks)
What is vetting?
Checking.
Potential jurors can be checked for their suitability.
What are the 2 types of checks that can be carried out on a potential juror?
1) Police Checks
2) Wider background checks
What is the purpose of this type of vetting? (police checks)
To ensure that no potential juror is disqualified
What is the purpose of this type of vetting? (wider background checks)
Only allowed in exceptional circumstances eg. in terrorist cases or cases involving national security. Attorney General must give express permission for this.
(RvMair)
The Prosecution and Defence then have the right to challenge the jury. What are the 2 types of challenge?
1) Challenging the whole jury
2) Challenging an individual juror
What is Challenging the whole jury also known as?
Challenge to the array
Why would challenging to the array be done?
If the jury is unrepresentative or selected in a biased way.
Give an example of challenging to the array?
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.
What is Challenging an individual also known as?
Challenge for cause
Why would challenge for cause be done?
If the juror is disqualified or they may know someone in the case.
Give an example of challenge for cause:
R v Wilson and Sprason - Jury member was the wife of the prison officer.
The prosecution have the right to stand by for the crown - what does this mean?
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.
What do they promise in an oath?
Swear by almighty God to faithfully try the defendant and give true verdicts according to the evidence.
What do they promise in an affirmation?
Solemnly, sincerely and truly declare and affirm they will faithfully try the defendant and give true verdicts according to the evidence.
How many cases are tried by a jury each year?
30,000
What offences does a jury hear?
Indictable
Which case supports the fact that no one else is allowed to try and influence the jury?
Bushell’s Case
Which case supports the idea of directed acquittal?
R v Counsell
What case supports the idea of secrecy in the jury room? (Under the contempt of court Act 1981)
AG v Fraill
What case supports the idea of a ‘hung’ jury?
R v Jenkins (sion)
What did the Criminal Justice and Courts Act 2015 try to resolve?
- easy for jurors to research cases on the internet and then share with other jury members
How did the Criminal Justice and Courts Act 2015 resolve the issues?
- 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
4 advantages of a jury:
- Public confidence
- Jury Equity
- Secrecy
- Impartiality
4 disadvantages of a jury:
- Perverse decisions
- Influence of modern technology
- Secrecy
- Risk of bias in decision making
