Juries

Question 1

Juries-one liner

Answer 1

Carry symbolic importance

Question 2

What are the Qualifications of a Juror?

Answer 2

18-75 years of age
Registered on the Electoral Register
Resident of the UK for 5 years or more since the age of 13

Question 3

What act are the qualifications of a juror set out in & amended by?

Answer 3

Juries Act 1974 as amended by Criminal Justice Act 2013

Question 4

A juror is not eligible if…

Answer 4

they have a mental disorder

Question 5

A juror is disqualified if…

Answer 5

they are on bail
served 5+ years in prison
been in prison for public protection

Question 6

A juror is disqualified for 10 years if…

Answer 6

they have served a community order
they have served any time in prison
they have had a suspended sentence

Question 7

What is a deferral?

Answer 7

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

Question 8

What is an excusal?

Answer 8

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

Question 9

Describe the selection and appointment process

Answer 9

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

Question 10

Why is random seection so important?

Answer 10

The jury must be impartial and independent

Question 11

What is vetting?

Answer 11

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

Question 12

What is challenging the jury?

Answer 12

Prosecution and the defence can challenge the makeup of the jury

Question 13

Challenge for cause?

Answer 13

Individual juror challenged for reason/cause

E.G juror is recognised by a party

Question 14

Challenge to the array?

Answer 14

Very rare

The whole jury is challenged for being unrepresentative

Question 15

What is stand by?

Answer 15

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

Question 16

Describe the role of the jury

Answer 16

Listen to evidence and submissions from barristers
Listen to judges summing up
Decide the facts of the case
Apply the law to the facts

Question 17

What happens when the jurors are ready to verdict?

Answer 17

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

Question 18

The decision of the jury

Answer 18

Decision should be unanimous but majority verdict is accepted if 10 jurors agree
Foreman will make public announcement of verdict in open court

Question 19

Bushells case

Answer 19

Jurors can not be punished for reaching a decision that the judge doesnt like

Question 20

R v F

Answer 20

Only evidence presented at trial can be taken into account

Question 21

Juries in civil cases

Senior Courts Act 1981

Answer 21

Rare
Malicious prosecution, false imprisonment and fraud
Jury trial may be available at court’s discretion

Question 22

E: public participation

Answer 22

Allows public participation in the justice system
Increases public confidence in the system
But juries are only used in small proportion of cases

Question 23

E: Own consciences

Answer 23

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

Question 24

E: No justification

Answer 24

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

Question 25

E:Perverse Verdicts

Answer 25

McConnell found that up to 25% of aquittals were questionable which can u dermine public confidence in the justice system

Question 26

E:Juror’s ability

Answer 26

Juror’s may lack the ability to do an effective job
Vicky Pryce case- judge said jury had “absolutely fundamental deficits of understanding”
Problem in cases with complex evidence which can undermine public confidence in the system

Question 27

Alternatives of a jury

Answer 27

A single judge/panel of judges
Professional jurors which would make the court proceedings quicker avoid perverse decisions and eliminate jury nobbling but both options would also eliminate public participation in the justice system