Juries* Flashcards
What are the basic requirements for a Juror?
Aged between 18 and 75, on the electoral register and have lived in the UK for at least 5 years
What legislature set out the base requirements for Juries?
Juries Act (1974) and Criminal Justice Act (2003)
What other changes came into force with the CJA 2003?
Lawyers, Police officers and Judges were allowed to sit on a Jury.
Who is classed as ineligible?
Those with a diagnosed mental disorder.
If you are a doctor, member of the armed forces or if you have served in the last two years, you can be ……. from Jury service.
…Excused…
A deferral can be implemented when?
You have a hospital appointment, a holiday or child care problems.
If you are ‘incapacitiated’, you are…
…deaf, blind or cannot understand English.
Why are people disqualified from jury service?
Those who are on bail, served a custodial sentence.
[Custodial sentences for under 5 years - disqualified from jury service for 10 years]
[Custodial sentence for over 5 years - disqualified for life]
If you are chosen from the electoral register, what are you sent?
Those selected are sent a ‘jury summons’ by post.
Name the process in which jurors will undergo when selected.
Jury vetting.
Describe the two types of ‘Jury vetting’
Routine police checks- check for those who are disqualified e.g R v. Mason (1980)
Wider Background Checks- made on a juror’s background/political affiliations. (Only used in cases involving national security). - ABC trial (1978)
In which court are Juries used?
Used in Crown court to try all indictable offences.
Give an example of a case in which the right to ‘Trial by jury’ was lost due to jury tampering.
R v. Twomey (2010).
What will be accepted as an alternative to a ‘Unanimous Verdict’
A ‘majority verdict’ will be accepted (CJA 1967) after 2 hours of deliberation.
What does the Criminal Justice & Courts Act 2015 state?
It is an offence for a Juror to research a case outside court; this inludes social media.
Give advantages to using trial by jury.
- Juries are not case ‘hardened’ as they only sit on a few cases - thus may be more susceptible to sympathy with both the prosecution and defence - meaning they may consider the fact more thoroughly than a judge who has become desensitised.
- Juries are more representative as they represent a ‘cross section’ of society - the 2007 report ‘Diversity and Fairness in the Jury System’ found that juries do not discriminate against ethnic minorities - in contrast to a judge, they are likely to have fewer prejudices.
- Justice is seen to be done as members of the public play an active role in distributing justice - for example in R v. Incadel - no witnesses were allowed and only select journalists were allowed in - however having a jury maintained the Article 6 right to a public hearing.
- Juries are democratic as they are the ‘light that shows that freedom lives’ - Lord Delvin - juries maintain democracy and prevents the exploitation of the law by few individuals with huge influence.
Give some disadvantages to using trial by jury.
- Jury equity allows juries to return perverse decisions as they do not need to follow the law - e.g. in R v. Owen the jury failed to find guilt in a defendant who had wounded another with a shotgun - however it could be a consequence of the high standard of proof.
- Juries may be influenced by the media as sub judice rules fail to adequately prevent the media broadcasting - e.g. R v. West claimed that her trial could not be fair due to the media influencing the jury - the media may give juries biases that means justice is not objectively delivered.
- Social media gives juries access to potential confounding information about the trial - R v. Fraill - juror was sentenced to 8 months for disrupting a trial in this way - Crime and Courts Act 2015 - prevents juries from researching the case in question.
- Juries are not guaranteed as they may be removed under s.44 Criminal Justice Act 2003 - e.g. In R v. Twomey there was no jury as such the trial was not witnessed by any member of the public - however the valid justification was national security - thus the rights of society outweigh those of the individual - only happens occasionally.
List the 5 exceptions to jury service.
- Ineligible - mental disorder
- Incapacitated - deaf/blind
- Excused - armed forces/doctors
- Deferral - holiday/child care issues
- Disqualified - served custodial sentence
