Juries 2/13 Flashcards
What is the role of Juries?
- Crown Court, indictable or TEW when D pleads not guilty.
- Rules under Juries Act 1974
- 12 jurors in a jury
- Judge decide the points of law, jury decides the verdict
- At end of the trial the judge sums up, directing the jury on the law involved, insufficient evidence judge can direct the jury to find the D not guilty (direct acquittal)
- Retire to private room to decide if D is guilty or not. Contempt of Court Act 198 = anything discussed amongst the jurors cannot be disclosed outside the room
- Normally must come to a unanimous verdict but 11:1 or 10:2 also accepted, to prevent jury nobbling where jurors are influenced/intimidated to give certain verdict
- Judge must accept jury’s verdict even if they don’t agree with it, jury don’t have to give a reason
What act do the rules concerning Juries come under?
Juries Act 1974
To qualify for jury service, you must?
- Age 18-75
- On electoral register
- Lived in UK 5yrs
How can you be disqualified from jury service?
Permanently
-5+ years prison/life
-public protection
For 10 years
-served prison/suspended sentence
-had community order
What makes people ineligible/incapable of jury service?
- Mental illnesses
- Blind/deaf/don’t understand English
How you be excused from jury service?
Member of armed forces, commanding officer must certify, application must be made to Central Summoning Bureau
What is a Discretionary Excusal and how can you get one?
= Moved to later date
- Mother with baby
- Pre-booked holiday
- Exams
How are Juries selected and appointed?
- Every 2 weeks names selected randomly from electoral register and letter sent to them
- Many more than 12 selected as don’t know how many disqualified/discretionary excusal
- Before arriving, jurors are vetted via basic criminal record check
- Fined £1,000 for non-attendance
- Lasts approx 2 weeks but possibly longer if case is complicated
- At court, 15 names called from jury pool and 12 randomly selected by court clerk, opportunity to challenge
What is Challenge to the Array?
- Under Sect 5 Juries Act 1974, whole jury can be objected if chosen in unrepresentative/biased way
- Romford Jury = 9/12 from Romford, 2 on same street, jury was objected because had been selected in biased way
What is Challenge for Cause?
- Challenges right of individual juror with valid reason
- R v Wilson and Sprason = wife on prison officer because both D’s on remand in prison husband worked at. D’s convicted but COA quashed decision.
What is the Prosecution’s right to Stand By?
P only, but a juror at back of the list so won’t be picked, don’t have to give a reason and used rarely
Adv of Jury (Public Confidence)
- ✅ Public Confidence in the System
- Being tried by one’s peers seen as fundamental to democracy
- Lord Devlin “lamp that shows that freedom lives”
- Old system people have confidence in impartiality/fairness of
Adv of Jury (Jury Equity)
- ✅ Jury Equity
- Jurors don’t have to follow decisions from previous cases or Acts of Parliament
- Don’t have to give reason for verdict so have freedom in decision making e.g. Ponting’s Case Ponting’s Case (1984)
Adv of Jury (Open system of justice)
- ✅ Open System of Justice
- Make legal system more open
- Random process of selection ensures cross selection of society is selected and no individual is responsible for decision
- Not case hardened
Adv of Jury (Secrecy)
- ✅ Secrecy of the Jury Room
- Free from pressure, protected from outside influences
- Free to make decisions unpopular with the public
- The Criminal Justice and Public Order Act 1994 protects jury members because it’s illegal to intimidate/threaten jurors
