Juries Flashcards
Eligibility
S1 Juries Act 1974 amended by Criminal Justice Act 2003 outlines who is eligible for jury service
- 18-75 age
- UK resident for 5 consecutive years since turning 13
- be on electoral register (able to vote)
Disqualification
Juries act 1974 amended CJA 2003 disqualifies certain criminal convictions permanently or temporary (10 years)
- permanent (5+ year custodial sentence)
- less than 5 year custodial sentence or suspended sentence or on bail
Incapable
Disorders can make people incapable for jury service
- any mental health disorder under the mental health Act 1983
- resident of an institution or hospital or attending a medical practitioner for treatment
Excusal
S9 Juries Act 1974- people who do not wish to do jury service must apply to the court for a discretionary excusal (this is permanent)
Needs to be a reason they are unable to fulfill role
- deaf or blind
- don’t understand English well
Deferral
S9 of Juries Act allows for temporary deferral so their jury service is postponed if they are unable to attend
- exam
- pre booked holiday
- religious ceremony
- getting married
- work commitment
Jury selection
- names selected at random from electoral register
- summons sent by CJSB to those who have been selected
- those summoned must notify if they can’t attend (or will be fined)
- expected minimum 10 working days, if expected to last longer they will be asked if they can serve
Vetting
Checking potential jurors for suitability
- Police check (criminal history) can disqualify
- Wider background check (political affiliations) need attorney general permission for this
When selecting 12/15 jurors, how can they challenge
- Challenge the array (clearly I represented or selected biasedly)
- Fraser or Romford Jury 9/12 from same neighbourhood - Challenge for cause (know the defendant or disqualification not picked up on)
- Wilson & Sprason (wife of prison officer)
Prosecution can ask to ‘stand by the crown’ swap any 3 jurors
Jury promise to
I promise to faithfully try the defendant and give true verdicts according to the evidence
Concerns for the jury
Easy for jurors to research about the case on the internet
As deliberations take place in secret it’s easy to share their research
Supposed to only make decisions based on evidence in court
Solutions to concerns about the jury
The Criminal Justice and Courts Act 2015
Trial judge has the power to order jurors to hand in electronic devices before going into jury room to decide verdict
Jury officer has power to search a juror to check for any devices
Criminal offence for juror to research case on internet
Criminal offence for any juror to agree any research with fellow jurors
Why the criminal and Courts Act 2015 is effective
Served as deterrent
AG v Dallas- 6 months in prison for sharing research
Why Criminal and Courts Act 2015 is not effective
Can’t monitor search history
Ethical issues
Advantage of Juries- jury equity
Juries can decide based on morally right and wrong- not necessarily following the law.
R v Owen found not guilty despite overwhelming evidence proving guilt as they sympathised with his situation
Juries can make fair decisions with conscience whereas judges have to apply the law even if it leads to a bad decision
Disadvantage of juries- make perverse decisions (against the law)
This could be due to basing decision on conscience (jury equity) of lack of understanding of the law
R v Owen was definitely guilty of a serious crime but didn’t convict as they felt bad
Defeats the point of law and denies D the right to a fair trial