Juries Flashcards
Qualifications (Juries Act 1974) (Criminal Justice Act 2003)
- Aged 18 - 75
- Registered on the electoral roll
- resident in the UK for over 5 years since the age of 13
Appointment
- No formal appointment
- Once selected, they must swear an oath to make their decision fairly.
This enables a person to serve
Selection
- 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
Permanent Disqualification
- 5+ years in prison
- extended prison sentence
- life imprisonment
- mental illness
- suspended sentence
- on bail
- community order
10 year disqualification
If in the last ten years:
- served any sentence
- suspended sentence
- community order
Deferral
- Courts discretion
- postponed service
- delay for up to 12 months
Excusal
- 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
Challenge for Cause
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
Challenge to the array
The whole jury is unrepresentative
Romford Jury - 9/12 jurors lived on the same street
Prosecution right to stand by
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
Role of the Jury
- 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
Role of the jury - Civil Court
- 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
Jury Evaluation: Advantages
- Public Confidence
- Jury Equity
- Open System of Justice
- Secrecy of the Jury
- Impartiality
Jury Evaluation: Disadvantages
- perverse decision
- secrecy of the jury
- jurors and the internet
- racial bias
- media influence