juries Flashcards
Juries are only used in which court?
The Crown Court
Juries are only used when..
The defendant pleads not guilty
What percentage of criminal trials involve the jury?
2% - less than 30,000 cases a year
How many juries are used?
12
What is direct aquittal?
When the judge directs the jury to acquit the defendant as they believe the prosecution’s evidence is too weak
Where do the jury discuss the verdict?
In the jury room (in secret)
When the judge direct towards a majority verdict?
When an unanimous verdict has not been reached after 2 hours
Which law makes it illegal to disclose what happened in the jury room, unless it is in the interest of justice e.g. reporting jury misconduct
Criminal Courts and Justice Act 2015
Under which law must the foreman announce the numbers agreeing and disagreeing with the verdict in open court?
s.17(3) of the Juries Act 1874
What percent of convictions are by legal majority each year?
20%
To qualify for jury service, a person must be..
Aged 18 - 75, on the electoral register, and lived in the UK for at least 5 years since their 13th birthday
Who is ineligible for jury service under the Criminal Justice Act 2003?
- A resident in a hospital/similar institution for their condition or regularly attend for treatment
- Under guardianship under s.7 of the Mental Health Act 1983
- Declared incapable by a judge
Can a person who has served a prison sentence of 5+ years do jury service?
No - they are permanently disqualified
Can someone who has served a prison sentence of less than 5 years/community service do jury service?
They are disqualified for 10 years - however, if 10 years have passed, then yes, they can do jury service
What happens if someone fails to disclose that they are disqualified and turns up to jury service?
They are fined
Why may a person be discharged from a trial?
They are considered incapable of doing jury service - this can include a person who does not understand English well, a blind person (can’t see the evidence), or a deaf person that needs an interpreter (mistranslations can happen, and only 12 people are allowed in the jury room)
Who can be granted an excusal at the court’s discretion?
Armed forces, doctors, pharmacists
What happens if you want to defer your jury service?
Make an application to the Jury Central Summons Bureau, however you must do jury service within 12 months of the original summons.
How are jurors selected?
People are selected randomly from the electoral registers for a court area at the central office every fortnight using a computer
Why is it necessary to summon more than 12 jurors?
Why is it necessary to summon more than 12 jurors?
How long do juries have to stay at the court for?
2 weeks - but if the trial is longer they will be asked to stay
Who has the right to see the list of potential jurors?
Prosecution and defence
What are the two types of jury vetting?
Police checks - checks the criminal record
Juror’s background - checks the background and political affiliations, only for exceptional cases
Before the juries are sworn in, what do both sides have the right to do?
Challenge 1 or more of the jurors
What is challenging the array and where is it mentioned?
s.5 Juries Act 1974 - the right to challenge the whole jury on the basis that is has been selected in an unrepresentative or biased way
What is challenging for cause?
Challenging the right to remove an individual juror to sit on the jury - this could be because they are not qualified to serve, or because there is a possibility of bias
What is the right to ‘stand by’ jurors and who has this right?
The prosecution only - this is the ability to put someone’s name to the end of the list so that they will not be picked unless it is a last resort. The prosecution does not have to give a reason for their decision but the Attorney General states that this right must only be used sparingly
