juries

Question 1

what are the 3 qualifications needed to be a juror under the juries act 1974?

Answer 1

• age 18-75
• registered as a parliamentary or local government elector
• ordinarily resident in UK, Channel Isles or Isle of Man for at least 5 years from age 13

Question 2

what are the 3 disqualifications from being able to be a juror?

Answer 2

• criminal convictions: permanent (e.g. imprisonment for 5 years or more), any sentence of imprisonment in last 10 years, if on bail
• mentally disorded people (detained or resident in hospital under mental health order)
• those lacking capacity: blind (may not be able to see evidence), deaf (need a sign interpreter which would make it a 13th juror), inadequate English (not able to follow proceedings)

Question 3

briefly explain the jury selection first steps

Answer 3

• crown court official arranges for names to be chosen at random from electoral register
• more than number needed are summoned (15) to attend as some will be excused or disqualified (reduced to 12)
• normal period is 2 weeks on service
• average trial lasts 1.5 days

Question 4

what circumstances allow a potential juror to ask for a discretionary excusal when summoned to attend?

Answer 4

being to ill to attend, person 70+, doing essential work (e.g. healthcare).
will have their service moved to a more convenient date rather than excused completely

Question 5

what happens if a person doesn’t ask for an exusal and he doesn’t turn up?

Answer 5

fine of £1000

Question 6

what are the 2 ways vetting (background check for suitability) can occur for jury selection?

Answer 6

routine police checks (e.g. DBS or criminal conviction check)
jurors background and political affiliations (normally only in political/national security cases)

Question 7

give 3 possible challenges that can be made against a juror or jury

Answer 7

• to the array: whole jury (biased/unrepresentative), e.g. Fraser, Ford, Romford
• for cause: against 1 juor (e.g. if related to a witness or D)
• prosecution right of stand by: (very rare) used for terrorism and antional security cases

Question 8

what is the last step of jury selection?

Answer 8

after any challenges are made the jury will be sworn in and trial will commence

Question 9

describe the role of jurors in criminal trial (8m)

Answer 9

• used in crown court with 12 members, to decide if D is guilty or not
• split function with judge: judge gives points of law and jury decides the facts
• at end of prosecution case judge has power to give a directed acquittal if prosecutions evidence hasn’t made a case agianst D
• Jury retire to a private room after hearing D’s & witnesses cases to come to a unanimous verdict. Judge must accept jury’s verdict and jury doesn’t have to give any reasoning for decision
• majority verdict can be used if after 2hrs jury don’t have a unanimous verdict (e.g. 12= 10-2), because of fear of jury nobbiling which meant only 1 member needed to be bribed to cause a stalemate that meant jury couuldn’t reach a decision.
• however it was thought that majority verdicts would result in more convictions due to high aquittal rates