Juries Flashcards
When are juries used?
Crown court where D pleas not guilty.
Some high profile civil cases.
How many jurors are there?
12
What type of cases are jurors used?
Indictable or triable either way - burglary or manslaughter……..
Jury’s job?
Determine guilt.
What is directed acquittal?
The judge instructs jury to find not guilty if there’s not enough evidence.
What is it called when the judge instructs jury to find not guilty if there’s not enough evidence.
Directed acquittal
Anything jurors say cannot be repeated. What act is this under?
Contempt of Court Act 1981
How many jurors need to agree on the verdict?
Normally unanimous however majority’s like 11-1 or 10-2 can be accepted.
Why do we have majority verdicts?
To prevent jury nobbling.
What are the requirements a juror has to meet?
18 - 70
On electoral register
Lived in uk for 5 years since 13th
What disqualifies you from jury duty?
5 + years in prison
Life imprisonment
Public protection
( served under 5 banned for 10
Suspend sentence banned for 10)
What makes you ineligible for jury service?
Mental illness
Blind, deaf or not enough English
Who is excused from jury duty?
Members of the armed forces submit application to Central Summoning Bureau
What gets a discretionary excusal?
Mother with baby
Pre booked holiday
Exams
How do juries get selected?
Every 2 weeks random from electoral register - far more than 12
How long do juries serve?
2 weeks.
What are the 2 types of vetting?
DBS - standard criminal check
Authorised jury checks - wider check used if cases of national security - political affiliations
3 ways P and D both challenge the jury?
Challenge to the array
Challenge for cause
Prosecution right to stand by.
Challenge to the array ?
Whole jury can be challenged if they had been selected in a biased way.
Romford jury - all lived in Romford 👍
R v ford - As long as it’s random cannot be challenged if it’s not multiracial.
Challenge for cause?
Challenging right of single juror with valid reason - if they know someone in the case.
R v Wilson and Sprason - wife of a prison officer chosen for service and both Ds had been remanded where husband worked. Convicted but COA quashed.
Right to stand by?
Prosecution can “stand by” a potential juror so they are picked last. Used sparingly.
Adv of juries.
Public confidence - tried by one’s peers is democratic. Impartial and fair.
Secrecy - jury is free from pressure and can ignore Letter of law and public.
Open system - more open as members of the public are key role and whole process is public.
Disadv of juries?
Lack qualifications - selection based on 3 points in act, no minimum education requirement
Jury bias - some may not like police, other race or too many people = no time
Secrecy - no way of knowing why or if they understood the case. Makes appeals difficult as don’t even know why convicted.
