Juries

Question 1

jury selection

Answer 1

Names random from electoral roll
Names of everyone registered to vote
Sent jury summons
150 sent very 2 weeks
Form jury pool who attend every day for 2 weeks
15 random for each trial
Jury of 12 chose by clerk then presented to prosecution and defence to challenge

Question 2

Checks

Answer 2

Vetting - all jurors (DBS)
Authorised jury check - attorney general allow additional checks in exceptional cases for national security

Question 3

Challenges

Answer 3

“to the array” s.5 juries act for whole jury chose in boased way (fraser allowed for all white jury with black defendant)
“for the cause” - individual jurors for various reasons (disqualified list)
“to stand by” - prosecution put juror on bottom

Question 4

Qualification (juries act 1974)

Answer 4

18-75, electoral roll, resident in uk for 5 years since 13, not detained under mental health order / disqualified

Question 5

Disqualification

Answer 5

2 types
For life (prison for life, or 5+, extended, or imprisoned for public prot)
For 10 years ( suspended sentence, prison term less than 5 years, had community order)
Disqualified on bail
Failure to disclose reason for disqualification up to 5k fineI

Question 6

Ineligibility

Answer 6

Mental health issues (not automatic)
Cannot speak / understand english
Disability which prevents carrying out role (blind / deaf - sign language interpreter not allowed in juror room)

Question 7

Discretionary excusal

Answer 7

Exscused - illness, disability for long periods, small baby, over 70, essential job
Deferred - booked holiday, exam, operation, business meeting only you can lead (need evidence)
Armed forces excused if Commanding officer needs elsewhere

Question 8

Role

Answer 8

Sit and listen to evidence
Direct legal questions to judge
Listen to summing up by judge
Retire to jury room to make deicision, decide facts
Jury room secret, no one allowed in, everything said in cant be shared
Decide guilty or not guilty
Convinced beyind any reasonable doubt
First try unanimous
After 2 hours can go 10:2
s.17(3) juries act - foreman state numbers for/against
No agreement - retrial or case collapses if prosecution cant convince 10, might not have sufficient evidence
No need to give reason

Question 9

Adv:

Answer 9

Jury equity - fairness not legal correctness (pontingd case)
Legal system open to public and inspires public confidence (lord devlin: juries are lamps that show freedom lives)
Secrecy of jury room - juries free from pressure (Criminal justice and courts act 2015: offence to intentionally disclose info from jury room)
Impartial - jury not connected and randomly selected (Romford jury case - same street)
Democratic and representative of society (more than magistrates)

Question 10

Disadv:

Answer 10

Perverse verdicts - juries making decisions against law are incorrect - ponting
Media influence - R v west rose west claim unfair
Jury tampering - bribery or theats (r v twomey - trial without if threat of this)
Events outside jury room cannot be controlled (r v young ouija board)
Use of internet - jurors do research, social media etc (r v karakaya now illegal under criminal justice and courts act 2015)
Random selection - doesnt guarantee representation / secrecy of jury room doesnt guarantee fairness