Juries Flashcards
What did Lord Steyn say about juries in the case of R v Mirza and R v Connor and Rollock?
They are ‘integral and indispensable part of the criminal justice system’ and of ‘constitutional significance’
Who was previously ineligible for jury duty? How did S.321 of the Criminal Justice Act 2003 change that?
he judiciary, the clergy, mentally disordered people and other persons concerned with the administration of justice were ineligible for jury duty.
S.321 meant only the mentally disordered could not serve.
Why has the eligibility of police officers for jury duty been heavily debated?
Some have argued that being from the police force can make those jury members more partisan to the evidence found by the police in the case.
R v I Court of Appeal held that “there was here a real possibility of bias arising from the presence on the jury of a police officer who knew the police witnesses. The possibility that he might be likely to accept the words of his colleagues irrespective of the dispute between the parties, is one which can only be described as real’.
What caused the risk of bias in R v Abdoroikov & Others?
suggestd that the presence of certain jurors created a risk of bias and therefore undermined the appellants entitlement to a fair trial by an ‘independent and impartial tribunal’ guaranteed by Article 6 of the European Convention on Human Rights.
What principle did Abdoroikov invoke after it was found that there was a police officer in his jury?
The appellant invoked the principle established by Lord Hewart CJ in the case of R v Sussex Justices, ex parte McCarthy “it is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done’.
This principle had been endorsed by ECtHR.
In Abdoroikov, what did Lord Bingham say about bias in the jury?
it must be accepted that most adult human beings, as a result of their background, education and experience, harbour certain prejudices and predilections of which they may be conscious or unconscious. “
However he also affirmed that the safeguards put in place by the courts ensured that enough would be done to neutralise any bias. Abdoroikov’s attempted murder conviction was upheld.
John Spencer on police officers on juries.
‘in retrospect it surely was a bad idea to make police officers eligible to serve. In practical terms, the need for judges to question police jurors about their relationship (if any) with witnesses adds a new and needless complication to the trial.”
What power does S.69 of the Criminal Justice and Courts Act 2015 give judges?
the power to surrender electronic communications devices where judges see it to be ‘necessary or expedient in the interests of justice’ and that this order would be a ‘proportionate means of safeguarding those interests’.
What offence does S.71 of CJC 2015 create?
Creates an offence of conducting ‘research’ into a case during the trial period by members of the jury who ‘when doing so, knows or ought reasonably to know that the information is or may be relevant to the case’.
What was the problem with the jurors research in A-G v Dallas according to Lord Judge CJ?
Lord Judge CJ explained that the juror ‘did not merely risk prejudice to the due administration of justice, but she caused prejudice to it’.
What offence does S.72 of CJC 2015 create?
created a new offence of intentionally disclosing information obtained during prohibited research with other jurors.
What offence does S.73(1) of CJC 2015 create?
creates a new offence of intentionally engaging in ‘conduct from which it may be reasonably concluded that the person intends to try the issue otherwise than on the basis of the evidence presented in the proceedings on the issue’.
What is the function of juries?
It is the role of the jury after the prosecution and defence have presented their version of events and examined/cross-examined the defendant/victim/witnesses the jury will retire to decide their verdict on the case, whether they think that the defendant is guilty or not guilty.
What did the 1979 study conducted by Baldwin and McConville discover about juries?
Examined 500 trials by jury, of which they that 25% of acquittals were questionable, as a result they described jury trials as ‘an arbitrary and unpredictable business’.
How does Darbyshire criticise juries?
the jury is an anti-democratic, irrational and haphazard legislator, whose erratic and secret decisions run counter to the rule of law’ - juries can be too sympathetic to defendants and not take into account the actual facts and law.
