juries

Question 1

role of juries?

Answer 1

• They sit in the CROWN COURT to decide innocence/guilt based on the facts.
• They listen to evidence from the prosecution & defence & they take notes, look at evidence such as photos & they listen to witness evidence or other evidence & the summing up by the judge at the end. The judge advises them on points of law.
• They deliberate the case in a room in secret & if possible should come to a unanimous decision or majority of at least 10-2.
• They never have to give reasons for their decision & the judge MUST accept the verdict even if he disagrees with it.
• They can ask the judge questions about points of law or things they don’t understand.

Question 2

when can there be an appeal against a finding of not guilty from a jury?

Answer 2

when it can be proved that there was jury tampering

Question 3

jury qualifications/ selection?

Answer 3

The present qualifications are set out in the Juries Act 1974 & so to qualify for jury service a person must be:

• aged between 18 & 75 (recently the age has been increased from 70 by the Criminal Justice and Courts act 2015)
• registered on the electoral register
• be resident in the UK, the Channel Islands or the Isle of Man for at least 5 yrs since their 13th birthday.

Question 4

issues with juries selection method?

Answer 4

it doesn’t include everybody

Question 5

who’s disqualified from sitting on the jury?

Answer 5

• those who have been sentenced to imprisonment for life, detention for life or custody for life

• detention during Her Majesty’s pleasure (a child murderer)

• imprisonment for public protection

• an extended sentence

• a term of imprisonment of 5 years or more.

Question 6

who are those that are disqualified for 10 years?

Answer 6

• at any time in the last 10 yrs have served a sentence of imprisonment (i.e
LESS than 5 years)

• at any time in the last 10 yrs had a suspended sentence passed on them

• at any time in the last 10 yrs had a community order or other community sentence passed on them.

Question 7

who is ineligible for jury duty?

Answer 7

Mentally disordered persons: A mentally disordered person is defined in the Criminal Justice Act 2003 as:
* a person who suffers or has suffered from mental illness/disorder. There are criticisms that this definition does not distinguish between those receiving treatment for mild depression from their GP & those actually sectioned.

Lack of capacity - these are people who don’t speak English or suffer from a disability which results in the juror not being able to act effectively as a juror. A blind person would fall into this category. Deaf people cannot do it as using a sign language interpreter would lead to 13 people in the box.

Question 8

selection of juries?

Answer 8

• you need to be registered to vote
• You receive a jury summons in the post. This explains everything you need to know about jury service & if in fact you are disqualified.
• On the day at each Crown court there is an official who is responsible for summoning enough jurors to try the cases that will be heard in each 2 week period.
• The names will be selected at random off the electoral register, for the area which the court covers. This is done by computer.

Jurors are normally divided up into groups of 15 & allocated to a court. At the start the clerk will select 12 at random out of the 15. They are then shown a short film about jury service & what will be expected of them.

Question 9

why are more than 12 jurors selected?

Answer 9

It is necessary to summon more than 12 jurors as it is not known at this time if any are disqualified.
Those summoned must notify the court if they can’t attend.

Question 10

to the array…

Answer 10

this is when the whole jury is challenged as it s not representative or biased in some way.

In Fraser this method was used as the defendant was of an ethnic minority background but the jury were all white. The judge agreed to a new jury.

Question 11

for cause…

Answer 11

this involves challenging the right of an individual juror to sit on a jury.

To be successful the challenge must point out a valid reason why that juror should not serve on the jury. This could happen if the juror is known to the defendant or witness.

If such people are not removed there is a risk that a conviction could be quashed.

Question 12

Prosecution right to standby jurors…

Answer 12

Only the prosecution can use this right. It allows a juror who has been stood by to be put to the end of the list of potential jurors, so that they will not be used on the jury unless there are not enough other jurors.

The prosecution does not have to give a reason for this.

It is a power used sparingly.

Question 13

advantages of using a jury?

Answer 13

• they don’t have to give reasons for their verdicts, and can therefore decide cases based on facts and fairness
• random cross section of society which ensures as little chance as possible of getting biases
• lay people, so they’re more understanding of an ordinary person as opposed to a person trained in law

Question 14

disadvantages of using a jury?

Answer 14

• jury tampering could occur, they may be threatened or bribed. protecting jurors from this costs lots of taxpayers money
• there may be a lack of understanding amongst jurors. as discussions are secret, there can be no enquiry on how / why they reached their verdict
• it’s not possible to check if all 12 jurors understand the case at hand
• media influence
• lack of legal knowledge