Juries Flashcards
What is the main purpose of trial by jury?
To ensure that each defendant gets a fair trial by their peers.
How long does jury service usually last?
On average 2 weeks, but it can be longer for complex cases.
What did Bushell’s Case (1670) establish?
The jury does not have to give reasons for its verdict and the judge must accept the verdict, even if they disagree.
What are the basic qualifications to be a juror (under the Juries Act 1974, amended by Criminal Justice Act 2003)?
18–75 years old,
registered as a parliamentary or local government elector,
and resident in the UK for at least 5 years since age 13.
Who is disqualified for life from jury service?
Anyone sentenced to:
• Life imprisonment
• Detention for public protection
• An extended sentence
• Imprisonment for 5+ years
Who is disqualified for 10 years?
Anyone who:
• Has served a prison sentence
• Has had a suspended sentence
• Has had a community order
What is the penalty for failing to disclose a disqualification?
£5,000
Who is ineligible due to mental disorder (Criminal Justice Act 2003)?
Anyone receiving treatment for mental illness or under guardianship under the Mental Health Act 1983.
When can someone be discharged due to lack of capacity?
If they cannot cope with jury service, e.g., cannot understand English or have a disability that prevents effective participation.
What does Section 9B(2) of the Juries Act 1974 state?
Having a disability alone does not disqualify a person from jury service
What was the issue with deaf jurors (Old Bailey 1995)?
A deaf man couldn’t serve with a sign interpreter as it would exceed the legal limit of 12 people in the jury room.
Who can be excused from jury service?
Full-time armed forces personnel, with commanding officer’s certification.
When can a person defer jury service (Juries Act 1974)?
For up to 12 months with a valid excuse (e.g., illness, exams, holiday, essential work, baby).
What is the penalty for failing to attend jury service?
£1,000
Can lawyers or police officers serve as jurors?
Yes, though it may lead to bias due to legal knowledge.
What happened in Hanif v UK (2012)?
A police officer knew a witness and the ECHR ruled his participation breached the right to a fair trial.
What is the test for bias?
Whether a fair-minded and informed observer would conclude there’s a real possibility of bias.
Can judges serve as jurors?
Yes, but they must follow court directions and avoid revealing their status
How are jurors selected?
At random from the electoral register by the Central Summoning Bureau
What happens in court before a trial?
15 jurors are called, 12 are selected at random, the rest return to the waiting room.
What is jury vetting?
Background checks (routine police checks and political vetting in rare, serious cases with Attorney-General’s permission).
What are the three grounds for challenging jurors?
Challenge to the array – e.g., unrepresentative jury (e.g. Romford Jury 1993).
2. For cause – a valid reason against an individual juror (e.g. R v Wilson & R v Sprason 1995).
3. Prosecution right to stand by – rarely used, allows prosecution to remove a juror without giving a reason if they are “manifestly unsuitable”.
