Juries - Role of the jury in a Crown Court

Question 1

Part 1 - Within the crown court..

Answer 1

Within the Crown Court, a jury of 12 lay people will hear; indictable offences and triable either way offences.

Question 2

Part 2 - Jury must try…

Answer 2

Jury must try case purely on the evidence presented in court. This is promised in the juror’s oath/affirmation.

Question 3

Part 3 - Nothing else…

Answer 3

Nothing else must influence jury, even the judge - E.g. Bushell’s case where the judge locked the jury in a room until they came to a consensus on his favoured decision. No need to give reasons for decision.

Question 4

Part 4 - Listen to judge’s…

Answer 4

Listen to judge’s summary of a case and any guidance on points of law, the burden and standard of proof.

Question 5

Part 5 - if there is not…

Answer 5

If there is not enough evidence to convict, the judge may direct the jury to acquit D - a “Direct acquittal”

Question 6

Part 6 - Jury’s decision…

Answer 6

Jury’s decision is secret. Contempt of Court Act: cannot discuss case, contact D or research case.

E.g. R v Fraill where a Juror talked to D on Facebook about the case

E.g. R v Dallas where a juror was jailed for 6 months after researching D and telling fellow juries D was accused of rape.

Question 7

Part 7 - At the end of the trial…

Answer 7

At the end of the trial, the jury must elect a foreman/woman in accordance with the Juries Act 1974. Their role is to:

1. Control debate in jury room; and
2. Publicly announce verdict in court, detailing the number of juror agreeing/ disagreeing.

Question 8

Part 8 - Jury’s main job…

Answer 8

Jury’s main job is to reach a verdict of guilty/ not guilty.

Question 9

Part 9 - Initially…

Answer 9

Initially, the judge will direct the jurty to reach an unanimous verdict (12 - 0).

Question 10

Part 10 - However…

Answer 10

However, Criminal Justice Act 1967 says if jurors have deliberated for 2 hours the judge can accept a majority (10 - 2).

Question 11

Part 11 - If less than…

Answer 11

If less than 9 jurors agree, this is called a “hung jury” and D faces a retrial with a new jury.

E.g. R v Jenkins