Juries Flashcards
Which act defines the rules concerning juries ?
The “Juries act” (1974)
In which court does a jury operate ?
Crown court *
What is the role of a jury ?
-Hear criminal cases
-Pass a guilty/not guilty verdict
What is a juries role in hearing cases ?
12 jurors will sit in the Crown Court and hear trials. They hear indictable or triable either way cases where the defendant has pleaded not guilty. Examples of cases are burglary, murder, manslaughter.
What is a juries role in passing verdict ?
Once the jury retire to a private room, they decide whether the defendant is guilty or not guilty, based on the judges summary and the facts of the case as a whole. The jury must normally come to a unanimous verdict however, majority verdicts (10-2 or 11-1) can sometimes be accepted. In addition to this the jury do not need to explain their decision to the judge or give a reason.
Why are majority verdicts sometimes accepted ?
Majority verdicts were introduced to prevent jury nobbling - which is where jurors have been bribed or intimidated, allowing majority verdicts means that the outcome of the case will not be affected if one of the jurors has been nobbled.
What is defined in the contempt of court act 1981 ?
Anything discussed amongst the jurors cannot
be disclosed outside the room.
How does a judge assist the jury in their role ?
-The judge decides on the points of law
- Judges summary
- Directed acquittals
What qualifications are required to be on a jury ?
-Must be aged 18-70
-Must have been a UK resident for five years
- Must be on the electoral roll
What reasons may be given, in order to excuse someone from jury duty ?
( DIED)
- Disqualified
- Ineligible
- Excused
- Discretionary excusal
Why may an individual be permanently disqualified from jury duty ?
If they have been sentenced to …
- 5 years or more in prison
- Life imprisonment
- A public protection order
Why may an individual be disqualified from jury duty for 10 years ?
If they have been sentenced to …
-Prison sentence (below 5 years)
-A suspended sentence
-Community order
-Or, if they’re currently on bail.
Why may an individual be ineligible from a jury ?
If they suffer from a mental illness, lack capacity (e.g if they’re blind, deaf or cannot understand English well enough)
How can an individual be excused from jury duty ?
If they’re a member of the armed forces they can be excused, if their commanding officer certifies this. An application must be made to the “Central Summoning Bureau” to request this.
For what reason may an individual have their jury duty moved to a later date ( discretionary excusal/deferral )
-Mother with a baby
-Those with a pre-booked holiday
-Those with exams
What is the selection process for juries ?
Every 2 weeks names will be chosen at random via computer selection from the electoral register, and a letter summonsing them to do jury service will be sent to them.
far more than 12 people are chosen as (most courts have more than one court room and) it will not be known at this stage how many of those summonsed will be unable to sit for any reason.
How long is jury service ?
Jury service normally lasts approximately two weeks, but jurors may be asked to serve longer if the case is complicated.
What is the vetting process for the selection of juries ?
-DBS checks ( can be made on prospective jurors to eliminate those who are disqualified )
- Authorised jury check is (where a wider check is authorised into a juror’s background and political affiliations).
What did the Attorney General state in 1980 about “Authorised jury checks” ?
-Should only be used in exceptional cases involving national security, where part of the evidence is likely to be given in camera (secret) such as terrorism cases.
-Can only be carried out with the Attorney General’s express permission.
What is jury challenging ?
At the start of a trial 15 jurors will be brought into the court room and the clerk will randomly call out 12 names. Once the 12 jurors have been selected, they are sworn in. Then both the prosecution and the defence have the right to challenge jurors. This means they object to a particular juror for any reason.
What are the three types of jury challenging ? (+cases)
-Challenging to the array (Romford Jury)
-Challenging for cause (Rv Wilson & Spranson )
-Prosecutions right to stand by
What act and which section defined “challenging to the array”, and what was it defined as ?
Section 5 of the Juries Act 1974, the whole jury can be objected to if it is felt they were chosen in an unrepresentative or biased way.
What happened in “Romford Jury” ?
9 out of 12 jurors came from Romford, with two living on same street. The jury was successfully challenged on grounds it had been selected in a biased way.
What is “challenging for cause” ?
Challenging the right of an individual juror with a valid reason, for example, juror is known to someone in the case.
What happened in “Rv Wilson & Spranson” ?
The wife of a prison officer was chosen for jury service. The jury heard a robbery case, and both defendants had been on remand in the prison where her husband worked.
What is the “prosecution’s right to stand by” ?
The prosecution can ‘stand by’ a potential juror, which means they put them at the back of the list so they will not be picked. They do not have to give a reason for this, but it is used rarely.
