JURY CASES + ACTS Flashcards
R v Fraser
A challenge to the array is a challenge made to the whole jury, usually because it is unrepresentative in some way such as in R v Fraser where D was an ethnic minority but the jury were all white
R v Wilson and Sprason
A challenge for cause is made to an individual juror, e.g. because that the juror knows/is connected to someone involved in the case as in R v Wilson and Sprason.
Attorney General v Dallas
it is now a crime to research a case before trial
Bushells case
The judge cannot influence a juror’s decision
The judge wrongly locked up the jury for not deciding a verdict as he wished them to.
R v Jenkins
If less than 10 jurors agree, it is a hung jury and D faces a retrial with a new jury
The Juries Act 1974
the foreman must read out the number of jurors agreeing/disagreeing.
R v Owen
D was almost definitely guilty (of a very serious crime) but was allowed to go free because the jury felt bad for him. This defeats the point of the law
Preverse decisions
R v Young
the jury used a Ouija board to ask V who the killer was. They then found D guilty based on this rather than any evidence in court
Criminal Justice and Courts Act 2015
2% of jurors in high profile cases admit using the internet.
Cannot use the internet
Sander v UK
it was shown that members of a jury were making openly racist remarks and jokes about the defendant in their trial, and it was held this went against D’s right to a fair trial.