Juries Flashcards
Where is the eligibility to be a Jury defined?
S1 Juries Act 1974 as amended by the Criminal Justice Act 2003.
What is the eligibility requirements to be a juror?
- 18-75
- Must been a UK resident for 5 years after 13th birthday
- Be on the electoral register
Who is not eligible?
like all 3 of the things
- Mentally Disordered
- Disqualified
- Incapable
Examples of Mentally Disordered
- Psychopathic disorders
- Resident of an institution or hospital
Examples of Disqualified
Permanent disqualification: Life sentences, A custodial sentence over 5 yrs
Temporary (10yr) disqualification: Any sentence under 5 yrs, Those on bail are banned for the duration their bail
Examples of Incapable
- Blind
- They can’t understand english
Where are Excusals and deferrals defined
s9 of the Juries Act 1974
Examples of some excusals or deferrals
- Wedding
- Exams
- Work commitments
- Childcare commitments
- Pre - booked holidays
Where are names of Jurors selected from, and who’s responsibility is it?
The electoral register, it is the responsibility of the centeral jury summoning bureau
What must those selected do after they have been selected if they cant serve?
Those summoned must notify the court of any reason why they cannot do jury service. If they dont notify = £1000 fine for non attendence
What is the vetting process?
- Police Checks - to ensure no potential juror is disqualified
- Wider background checks - into juror’s political action (only allowed in exceptional circumstances)
What is Challenging the whole jury?
This is called a challenge to the array, its made to the whole jury and is usually made because the jury is unrepresentative e.g. R v Fraser
What is challenging an individual juror?
This is known as Challenging for cause. This is done if the juror is disqualified or knows someone on the case. e.g. R v Wilson and Sprason
What does it mean when the prosecution asks a juror to stand by for the crown?
This means the juror will be put at the bottom of the list and will only be used if there is no one else. No reason is needed for this.
list of potential jurors (out of the 15 jurors)
What is swearing in a jury?
Making the jury take an oath or affirmation to give a true verdict according to the evidence
What are some concerns with the Jury?
- it is very easy for jurors to research defendants or other relevant details in a case on the internet
- As jury deliberations take place in secret it is very easy for internet research to be shared with other jurors
What are some solutions to these problems?
The Criminal Justice and Courts Act 2015 states:
- the trial judge has the power to order the jurors to hand in any electronic device before they go into the jury room to decide their verdict
- it is now a criminal offence to research a criminal case on the internet
- it is now a criminal offence for any juror to share any researched information with fellow jurors