Juries- lay people

Question 1

What makes someone eligible for jury service

Answer 1

Must be between 18 - 75 years old
Must have been a UK resident at least 5 consecutive years.
Must be on the electoral register.

Question 2

The four things that may stop someone from doing jury service.

Answer 2

Disqualified.
Ineligible.
Excusal.
Deferral.

Question 3

Two examples of what would permanently and temporary disqualify a person from jury service

Answer 3

Permanent disqualification; Life imprisonment, sentenced to prison term of 5 years or more.
Temporary (10year) disqualification; Subject to a prison term or suspended sentence in the last 5 years, served community order in the last 10 years.

Question 4

Reasons why someone would be ineligible for jury service

Answer 4

Other people e.g. mental disordered persons, are considered to be ineligible.

Question 5

Reasons why someone would be excused from jury service

Answer 5

The juries act 1974 says people who do not wish to do jury service must apply to the court for a discretionary excusable which will excuse a person permanently from jury service.

Question 6

Examples of why a person may be excused from jury service

Answer 6

A long term illness.
Disability e.g. blind, deaf.
Do not understand English well enough.
Is a serving army officer.
Already been a juror

Question 6

whats a Deferal

Answer 6

S9 Juries Act 1974 allows for a temporary deferral which means that a person may be able to have their jury service postponed (no more then 12 months) till a more convenient time. There must be a good reason for this.

Question 7

Examples of why someone may be given a temporary deferral

Answer 7

Religious holidays.
Exams.
Work commitment.
Child care commitment.
Pre-booked holiday.
Track progress

Question 8

Who used to not be able to sit as a juror and why

Answer 8

Police officers, judges and lawyers could not sit as a juror before the Criminal Justice Act 2003 because the jurors may just follow them because they have legal knowledge/ it may sway their decisions.

Question 9

whats the 1st stage of jury selection.

Answer 9

Names are selected from the electoral register at random by a computer (responsibility of the central summoning bureau)

Question 10

what’s the 2nd stage of jury selection

Answer 10

Summons are sent to those people whose names have been selected.

Question 11

What happens when you are summoned for jury service.

Answer 11

Those summoned must notify the court if there is any reason they cannot do jury service.
If summoned, you are expected to attend for a minimum of two weeks jury service, though if a trial is expected to last for longer, jurors will be asked if they can serve.

Question 12

what is the Two types of challenges (of the jury) which can be made.

Answer 12

Challenge of the whole jury.
Challenge to the juror.

Question 12

What’s the 3rd stage of jury selection

Answer 12

Vetting.
This means ‘checking’. Potential jurors can be checked for their suitability. Two types of checks can be carried out.

Question 13

4th stage of jury selection

At court the court clerk selects 12 jurors from 15 at random. The defence then have the right to challenge the jury.
Track progress

Answer 13

At court the court clerk selects 12 jurors from 15 at random. The defence then have the right to challenge the jury.

Question 14

what are the Two types of checks for vetting

Answer 14

Police checks - To ensure there are no potential jurors disqualified.
Wider background checks - into jurors political affiliations. Only allowed in exceptional circumstances e.g. in terrorist cases or cases involving national security. The attorney general must give express permission for this.

Question 15

what does Challenging the whole jury/ the array mean

Answer 15

Known as challenging to the array.
Is done when a jury is unrepresentative or selective in a bias way. In the romford case where the whole jury was challenged for being unrepresented as 9 lived in Romford and 2 lived on the same street

Question 15

what does Challenging an individual juror/ for cause mean

Answer 15

Known as challenging for cause.
Is done when the juror should be disqualified or may know someone in the case.
R v Wilson and R v Sprason (1993) it was decided that a juror should not have served on a case, as there was danger of bias.

Question 16

What is the case of R V Wilson and R V Sprason (1995)

Answer 16

The wife of a prison officer was summoned for a jury service.
She had asked to be excused but this was refused
She sat on the jury of an armed robbery case.
Both Ds involved were on remand in the prison where her husband worked and were convicted by the jury.
Their convictions were later quashed by the CofA as justice hod not seen be done in this case.

Question 16

What’s the 5th stage in jury selection

Answer 16

Swearing in a jury - The court clerk will as each juror to take an oath or affirmation to faithfully try the defendant and give a true verdict according to evidence.

Question 16

Advantages of juries

Answer 16

jury equity
representative
secrecy
impartial

Question 16

Role of the jury in a criminal trial; Decision making

Answer 16

• Jury must retire to the jury room to consider verdict in secret and not tell anyone about any content of any discussions int he jury room with anyone outside.
• Jury must elect a foreman out of the 12 jurors.
• If it is a majority verdict, the foreman must announce the number of jurors agreeing and disagreeing with the verdict.
• Reach a verdict of guilty or not guilty
• Initially the judge will direct the jury to reach a unanimous verdict (12-0 agreed). However the criminal justice act 1997 says that is after 2 hours the jury cannot do so the just can accept (but does not have to) a majority verdict (11-1 or 10-2).
• If less then 9 jurors are agreed then it will be a hung jury and the judge will order a retrial in front of a new jury. As in R v Jenkins

Question 17

Solutions to concerns in the role of a jury in a criminal trial

Answer 17

The criminal justice and courts act 2015 states;
The trial judge has the power to order the jurors to hand in any electronic device before they go into the jury room to decide their verdict.
The jury officer has to power to search a juror to check for any such evices.
It is not a criminal offence to research a case on the internet.
It is now a criminal offence for any juror to share any researched information with fellow jurors.

Question 17

What is the Role of the jury in a criminal trial; during case

Answer 17

• Hears indictable and triable-either-way offences, in the crown court, where D pleads not guilty.
• The jury is the sole decider of fact and must try the case purely on the bases of evidence which they hear in court. R v Dallas.
• No one is allowed to try and influence there decision making, this includes a judge as in Bushells case, and they must accept the jury’s decision.
• Jury must listen to the judges summing up at the start as well as following the judges directions and guidance on any point of law involved int he case.
• Jury must listen to the evidence by both the prosecution and defence
• Must follow the judges order of a direct acquittal if it is found there is insufficient evidence against D. R v Counsell.

Question 17

Concerns in the role of a jury in a criminal trial

Answer 17

It is very easy for jurors to research defendants or other relevant details in a case on the internet.

As jury deliberations take place in secret it is very easy for internet research to be shared with other jurors.

Question 17

what does the prosecution right to stand by jurors mean

Answer 17

its a challenge to the jurors.
The prosecution can decide if a juror is ‘manifestly unsuitable’

Question 17

disadvantages of juries

Answer 17

perverse verdicts
unrepresentative
secrecy
media and online infuence

Question 18

simplified selection process

Answer 18

• names will be called out at random from the electoral roll
• 15 will be selected, any disqualiifed will be removed
• jurors must then notify the court if there is any reason they cannot attend.
• they will then be expected to serve for 2 weeks
• jurors will go to the jury waiting room where they will become the ‘jury in waiting’
• the court clerk will then select 12 jurors out of the 15 in the jury in waiting. the 3 unchosen will go back to be called again.

Question 18

simplified role of jurors

Answer 18

• hear all evidence
• jury can be directed to acquit by the judge if there is no case answer, otherwise the judge will support them and explain points of law
• the jury retires to a private room to deliberate
• they must reach a unanimous decision or a majority verdict. guilty or not guilty
• the foreman of the jury will read out their decisions on return to the courtroom
• the judge will then sentence