Juries Flashcards
Juries-one liner
Carry symbolic importance
What are the Qualifications of a Juror?
18-75 years of age
Registered on the Electoral Register
Resident of the UK for 5 years or more since the age of 13
What act are the qualifications of a juror set out in & amended by?
Juries Act 1974 as amended by Criminal Justice Act 2013
A juror is not eligible if…
they have a mental disorder
A juror is disqualified if…
they are on bail
served 5+ years in prison
been in prison for public protection
A juror is disqualified for 10 years if…
they have served a community order
they have served any time in prison
they have had a suspended sentence
What is a deferral?
Anyone can apply to defer their jury service
They will carry out service in the next 12 months
Deferral must be for a good reason-exams, operation, pre-booked holiday
What is an excusal?
Can be excused for 12 months
Requires further random selection before summonsed again
Only in exceptional circumstances-served in last 2 years, full-time member of armed forces
Describe the selection and appointment process
Random selection from electoral register
Recieve a summons letter theough post from Jury Central Summoning Bureau
Identity confirmed and court process explained
15 chosen at random by court official
12 randomly selected
Sworn in
Why is random seection so important?
The jury must be impartial and independent
What is vetting?
An automatic DBS check to enaure no one is disqualified this process was approved in R v Mason
Authorised jury check can be approved by Attorney General in cases of National Security
What is challenging the jury?
Prosecution and the defence can challenge the makeup of the jury
Challenge for cause?
Individual juror challenged for reason/cause
E.G juror is recognised by a party
Challenge to the array?
Very rare
The whole jury is challenged for being unrepresentative
What is stand by?
The prosecution can ask jurors to stand by usually after jury vetting has taken place
Only be used in conjunction with vetting, juror is clearly unsuitable and defence agrees
Describe the role of the jury
Listen to evidence and submissions from barristers
Listen to judges summing up
Decide the facts of the case
Apply the law to the facts
What happens when the jurors are ready to verdict?
Judge sums up case and they retire to jury room
Secet discussion takes place to come to verdict
Verdict will be guilty or not guilty based on the facts
The decision of the jury
Decision should be unanimous but majority verdict is accepted if 10 jurors agree
Foreman will make public announcement of verdict in open court
Bushells case
Jurors can not be punished for reaching a decision that the judge doesnt like
R v F
Only evidence presented at trial can be taken into account
Juries in civil cases
Senior Courts Act 1981
Rare
Malicious prosecution, false imprisonment and fraud
Jury trial may be available at court’s discretion
E: public participation
Allows public participation in the justice system
Increases public confidence in the system
But juries are only used in small proportion of cases
E: Own consciences
Jurors can decide cases according to their own consciences rather than the letter of law
Allows jury to reject prosecutions they see as unjustified or politically motivated
R v Kronlid- not guilty of a billion £ worth of damage as plane to be sold to oppressive regime
Juries provide balance against the power of the government
E: No justification
Jurors do not need to give a reason for their decision, this speeds up trial but juror could give decision based on a whim and not the law
No way of finding out unless a juror complains
R v Young-ouija board
