Juries (SA P1 CRIMINAL COURTS AND LAY PEOPLE)

Question 1

Qualifications of juries

Answer 1

• Set out in Juries Act 1974
• 18-75
• On electoral register
• Resident in UK for 5 years since age 13
• Permanently disqualified if sentenced to: imprisonment for life, detention during Her Majesty’s Pleasure, imprisonment for public protection, extended sentence, sentence of 5 years+
• Disqualified for 10 years if: sentenced to less than 5 years, suspended sentence or community order
• Anyone currently on bail is disqualified
• Mentally disordered person is ineligible
• Judge may discharge juror for: not understanding English adequately, disabled, etc
• Full time serving members of forces may be excused
• Deferral: excused but put back to a later date (e.g pregnancy)

Question 2

Jury selection

Answer 2

• 150 summons sent out fortnightly
• Done through Jury Central Summoning Bureau
• Groups of 15 juror allocated to individual courtrooms, clerk will randomly select 12 of them
• Some cases may be decided that potential juror should be ‘vetted’ (checked for suitability), only carried out with the Attorney-General’s express permission
• Juror come into jury box to be sworn in

Question 3

Challenge from the prosecution/defence

Answer 3

• Challenge to the array: prosecution or defence may challenge the whole jury on the basis it has been chosen in an unrepresentative/biased way
• Challenge for cause: prosecution or defence can challenge right of individual juror to sit on jury (e.g because of connection with case/ incapacity)
• Prosecution right to stand by: allows juror who has been ‘stood by’ to be put at end of list of potential jurors so they will not be used on jury unless there’s not enough other jurors

Question 4

Role of juries in criminal cases

Answer 4

• Used in about 2000 crown court trials a year (1% of criminal cases)
• Decide whether D is guilty/not guilty
• Listen to evidence and summing up by judge: they bring the lay person’s viewpoint to the case
• Decide questions of fact, judge will advise them on points of law
• Retire to jury room to discuss the case in private
• Should come to a unanimous decision, can only go down as far as 10-2
• Do not have to give reasons for their decisions

Question 5

adv juries (JOSIE)

Answer 5

• Jury equity
• Open system of justice
• Secrecy of the jury room
• Impartiality
• Ensures public confidence

Question 6

disadv juries (JEBSLIP)

Answer 6

• Jury tampering
• Expensive
• Bias
• Secrecy
• Lack of understanding
• Influence of the Media
• Perverse decisions

Question 7

adv secrecy of the jury room

Answer 7

• Jury members are free from pressure during their discussions and protected form outside pressures
• Gives juries the freedom to ignore the strict letter of the law if they belive the law is wrong

Question 8

disadv secrecy of the jury room

Answer 8

• No reasons need to be given for a verdict which makes it difficult to appeal
• Criminal Justice and Courts Act 2015 makes it an offence to disclose, obtain or solicit information about what happened in a jury room. However you can report jurors misconduct (but may still feel uncertain about coming forward)
• Inquiries can be made into conduct of the jury outside the jury room (may require retrials) but if the events had happened in a jury room no one would have known