Juries

Question 1

When are juries used?

Answer 1

They are used when a defendant pleads not guilty in: the Crown Court, some civil cases, the County Court and a Coroners’ Court.

Question 2

What act and case allow trail by judge alone if there has been or is a risk of jury tampering?

Answer 2

Criminal Justice Act 2003 and R v Twomey.

Question 3

What is the role of jury?

Answer 3

The jury decides if the defendant is guilty or not guilty on the facts of the case and must decide guilt beyond all reasonable doubt in a criminal case or liable on the balance of probability in civil cases.

Question 4

What case established jurors are the sole arbiters of fact and a judge cannot challenge their decision even if they disagree?

Answer 4

Bushell’s Case 1670.

Question 5

What does the judge do when a jury is present?

Answer 5

Decides on points of law and has the power to direct the jury to acquit on the grounds of insufficient evidence.

Question 6

What case established that a judge cannot in any circumstances direct a jury to return a guilty verdict?

Answer 6

R v Wang.

Question 7

Explain unanimous and majority verdicts.

Answer 7

The jury must first try to reach a unanimous verdict. If they cannot the judge may tell them a majority will be accepted. This is 11-1 or 10-2 in a case with 12 jurors if there is any less than 12 only 1 may disagree and if it is 9 or less it must be unanimous.

Question 8

What case established the judge must no pressurise the jury to reach a decision?

Answer 8

The case of Mckenna. The jury must be given as much time as they need to deliberate.

Question 9

What are the key pieces legislation for juries?

Answer 9

Juries Act 1974 - sets out Jury Qualifications, Criminal Justice Act 2003 - updated qualifications and removed many exemptions (including judges and lawyers) and the Criminal Justice and Courts Act 2015 extended the age limit to 75.

Question 10

What are the qualifications of a juror?

Answer 10

Aged between 18 and 75, on the electoral register and been a resident in the UK for at least 5 years from age 13.

Question 11

What may permanently disqualify a potential juror?

Answer 11

If a person has been sentenced to life imprisonment, sentenced to an extended sentence, been imprisoned or youth custody for 5 years or more. Also if they were imprisoned for public protection.

Question 12

What may disqualify a potential juror for 10 years?

Answer 12

If at any time in the last 10 years: served a term of imprisonment, had a suspended sentence, had a community order or sentence or are currently on bail.

Question 13

How is a jury selected?

Answer 13

Since 2001 a Central Juror Summoning Bureau administers the selection process. At court jurors are divided into groups of 15 and then 12 are selected at random to hear a case.

Question 14

What is vetting?

Answer 14

There are two types: routine police checks to eliminate those who are disqualified and wider checks on background and political affiliation in a case involving national security.

Question 15

What are the 2 ways the defence or prosecution have of challenging the jury?

Answer 15

To the array and for cause.

Question 16

What is to the array?

Answer 16

Under the Juries Act 1974 a whole jury on the basis it has been chosen in an unrepresentative way. This was successfully used against the “Romford” jury where 9 jurors came from Romford.

Question 17

What is for cause?

Answer 17

The defence or prosecution can challenge the right of an individual juror to sit for a valid reason such as if the juror is disqualified or a juror knows or is related to a witness or defendant.

Question 18

What is the prosecution’s right to stand by jurors?

Answer 18

This allows a juror who has been stood by to be put at the end of the list of potential jurors so they cannot be used on the jury unless there are not enough jurors. No reasons need be given.

Question 19

What are the criticisms of the selection process?

Answer 19

Use of electoral register - not always representative as it excludes some groups like the homeless, some disqualified jurors may hide this and sit on a jury regardless, Multi-racial juries - BAME defendants have no right to an ethnically balanced jury.

Question 20

What are advantages of juries?

Answer 20

Public confidence, Open system of justice - justice is seen to be done by members of the public, Secrecy of the jury room - free from pressure, impartiality - no connection to anyone in the case.

Question 21

What are disadvantages of juries?

Answer 21

Media influence e.g. rosemary west case.
Bias such as in Sander v UK where a juror wrote to the judge that other jurors where making racist jokes.
Lack of understanding such as in the Vicky Pryce case, jury had to be discharged as their questions demonstrated they had a fundamental level of misunderstanding.
And the secrecy can be seen as a problem such as in Young - ouija board case.

Question 22

What are some recommendations for changes to the jury system?

Answer 22

Trial by a single judge, a panel of judges, a judge plus a lay assessor or a mini-jury.