Juries

Question 1

What is a jury?

Answer 1

-Body of 12 people who are sworn to give a verdict in a criminal case on the basis of evidence submitted to them in court

Question 2

How are juries selected?

Answer 2

-Names selected at random from electoral register
-computer selection as central office
-more than 12 needed, 150 for each fortnight due to disqualification or excusals
-must notify if can’t attend
-2wks or until trial ends

Question 3

Qualifications

Answer 3

-Juries act 1974
-18-75
-registered as parliamentary or local gov elector
-resident in UK or Channel Islands or Isle of Man for 5 yrs since 13th birthday

Question 4

Disqualification from the jury

Answer 4

-sentenced to imprisonment or custody for life
-detention during HM pleasure (serious offences under 21)
-In prison for public protection
-extended sentence
-term of imprisonment for 5+ years
-all above disqualification for life
-served sentences of imprisonment, suspended sentence, community sentence disqualification for 10 yrs

Question 5

Ineligible for jury

Answer 5

-Mental health problems, those who cannot speak or understand English, disability preventing role and deafness

Question 6

Discretionary excusals from jury service

Answer 6

-Armed forces if commanding officer says needed
-problems so too diff to do jury service
-too ill, mother w small baby
-business appointments that can’t be done by someone else
-exams
-holidays
Must attend if not excuses fined $1000

Question 7

Lord Devlin quote

Answer 7

-Trial by jury is more than an instrument of justice, and one wheel of the constitution: it is the lamp that freedom lives

Question 8

Selection of jury

Answer 8

-Names picked at random from electoral register. 150 summons for each court sent out
-15 chosen at random from jury pool
-12 chosen at random in the court by the clerk
-checks and challenges undertaken, vetting includes police checks and political affiliations
-jury members may be challenged either to the array, for cause or told to stand by

Question 9

Challenge for cause

Answer 9

-challenging right for an individual to sit on the jury, must be valid reason.
-juror disqualified or known or related to dft or witness
-if not removed then any convictions could be quashed
-R v Wilson, wife of police officer on jury. D remanded in same prison as her husband

Question 10

Challenge to array

Answer 10

-Challenge whole jury on basis chosen in unrep way.
-R v Ford: if jury chosen in random manner couldn’t be challenges simply bc not multi-racial. D wanted multi-racial
-Romford jury. Old bailey out of 12 9 lived in Romford and 2 within 20 doors on same street
-R v Fraser: all white jury, appealed and got new jury which was representative

Question 11

Stand by the jurors/crown

Answer 11

-Only for the prosecution
-Allows the juror who has been stood by to be put to the end of the list of potential jurors, shouldn’t be used unless not enough
-AG said should be used sparingly
-P doesn’t have to give reason
-can’t question juror about potential biases

Question 12

Jury secrecy

Answer 12

-Once retire to consider verdict can’t communicate and discuss with anyone other than judge and court officials until verdict delivered
-After verdict delivered, not allowed to reveal anything that was said or done in the jury room

Question 13

Role of the jury

Answer 13

-Used in 2% CC cases
-listen to all evidence and summing up by judge
-retire to discuss in secret, decide if guilty or not guilty based on facts presented to them
-unanimous decision preferred but majority can be given eg 10-2 after 2 hrs
-no reason for the decision
-used in CC when D pleads NG
-Fewer than 3000 cases a year
-Split function: judge points out law and jury decides on facts. Judge can make direct acquittal where point jury to acquit if law in P case not made case against D
-CJAC act 2015 criminal offence to disclose or ask abt what was discussed in a jury room
-Have to hand their phones in