Juries Flashcards
How long have juries been in our legal system?
For 1,000 years
Evidence of them bring used before the Norman Conquest
Who is qualified to be a juror?
18-75 (70)
Electoral register
Uk resident for 5 yrs from age 13
Can people be disqualified from being jurors?
Yes
If sentenced to prison/ youth offenders institution you may be disqualified depending on how long the sentence was + how long ago it occurred
Who is permanently disqualified?
Anyone who:
- Life imprisonment
- Imprisonment/ youth custody 5yrs +
- Detained during HM pleasure
- Imprisoned for public protection
- Extended sentence
- suffers from psychopathic disorder, mental handicap, mental illness (broad term)
Who is disqualified for 10 years?
Anyone who has in past 10 yrs:
- Served term of imprisonment
- Suspended sentence
- Community order
- Other community order passed on them
Are people on bail allowed to be jurors?
NO!
What happens if someone doesn’t disclose that they are disqualified and turns up for jury service?
May be fined un to £5,000
When can judges discharge jurors?
Lack of capability to cope with the trial (doesn’t understand English, disability that takes them unsuitable)
= because can’t have evidence go through 3rd person/ non jurors in jury room
Recently juror = discharged for being too dirty - fleas in his beard
What did the CJA 2003 abolish?
Category of excusals as of right + ineligibility IOT introduce professionalism onto the jury
Before this members of judiciary/ pol officers/ anyone involved in CJS couldn’t serve
However, could cause problems (R v I 2007)
Who are the only category of people who have the right to be excused form jury service?
Full time members of the armed forces
Need certificate from commanding officer
R v I (2007)
Case about dealing heroin Juror = police officer Knew the police officers giving evidence Automatically assumed D = G Appeal was allowed, she should've been asked to stand down
Discretionary excusals…
At courts discretion of the Ct, if good reason is given e.g. exam, job commitment, holiday booked
Cts prefer this than excusing completely
What happens if you are not excused and you fail to attend?
£1,000 fine
What is the 1st stage of selecting a jury?
Central Juror Summoning Bureau
Random list of potential jurors = produced from electoral register
Summons sent out, initially more than 12
Who administers the selection process for the whole country?
Central Juror Summoning Bureau (since 2001)
How is a jury selected once arriving at court?
Divided into groups of 15
Allocated to a Ct
At start of trial, clerk selects 12 at random
‘Praying a Talesman’
What is ‘Praying a Talesman’?
If insufficient jurors, Ct can select anyone qualified passing in the street/ local businesses
Rarely happens
Middlesex Crown Ct 1992 - 1/2 didn’t turn up after New Years
What happens once a list of potential jurors is known?
Prosecution + defence have the right to see this list
Vetting begins
What are the 2 types of vetting?
- Routine police checks - eliminate disqualified
- Wider checks on background and political affiliations
AG guidelines 1988 on when to use it
What is jury vetting?
Refers to the way in which jury members are checked for eligibility
What guidelines did the AG give on when to use the 2nd type of vetting?
Cases involving national security, evidence = likely yo be given in camera, terrorist cases
Ag’s permission = needed
Before jurors are sworn in. what do both sides have certain rights to do?
Challenge 1+ jurors