Juries Flashcards

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1
Q

Qualifications (Juries Act 1974) (Criminal Justice Act 2003)

A
  1. Aged 18 - 75
  2. Registered on the electoral roll
  3. resident in the UK for over 5 years since the age of 13
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2
Q

Appointment

A
  • No formal appointment
  • Once selected, they must swear an oath to make their decision fairly.
    This enables a person to serve
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3
Q

Selection

A
  • Selected at random by the Jury Central Summoning Bureau
  • Jurors can be vetted by a police check (or in exceptional cases by a wider background check)
  • A summons will be sent by post telling the person when and where to go
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4
Q

Permanent Disqualification

A
  • 5+ years in prison
  • extended prison sentence
  • life imprisonment
  • mental illness
  • suspended sentence
  • on bail
  • community order
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5
Q

10 year disqualification

A

If in the last ten years:
- served any sentence
- suspended sentence
- community order

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6
Q

Deferral

A
  • Courts discretion
  • postponed service
  • delay for up to 12 months
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7
Q

Excusal

A
  • Full time serving members of the Jury will only be excused for good reasons
  • An excusal means a perspn doesn’t need to do their jury duty service if they were able
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8
Q

Challenge for Cause

A

Individual juror is challenged for a cause, eg. known to a witness or defendant/ connected to the case

Wilson and Sprason - The wife of the police officer on the case

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9
Q

Challenge to the array

A

The whole jury is unrepresentative

Romford Jury - 9/12 jurors lived on the same street

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10
Q

Prosecution right to stand by

A

Only the prosecution can do this
They “stand by” a potential juror - they put them at the back of the list
Reason does not need to be provided for this
Rarely used

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11
Q

Role of the Jury

A
  • hear indictable and some triable either way offences
  • can not share case details
  • come to a unanimous decision
  • decide if the defendant is guilty or not
  • foreman gives the verdict
  • Criminal Justice Act 2015 makes it illegal for anyone to share case details or for anyone to ask about case details
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12
Q

Role of the jury - Civil Court

A
  • rare
  • 8 members may be asked to sit
  • defamation, false imprisonment and malicious prosecution cases.
  • Senior Courts Act 1981: High Court cases
  • County Courts Act 1984: County Court
  • Coroners and Justice Act 2009: Coroners inquiries
  • in a defamation case, the jury must decide if the defendant is liable and how much compensation is awarded to the claimant
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13
Q

Jury Evaluation: Advantages

A
  • Public Confidence
  • Jury Equity
  • Open System of Justice
  • Secrecy of the Jury
  • Impartiality
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14
Q

Jury Evaluation: Disadvantages

A
  • perverse decision
  • secrecy of the jury
  • jurors and the internet
  • racial bias
  • media influence
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