When were the qualifications for jury service revised following the Morris Committee Report on jury service?
1972
Why were qualifications for jury service revised after 1972?
this followed the Morris Committee Report on jury service
Before the Morris Committee Report on jury service 1972, what were the prior jury service requirements?
there was a property qualification . In order to come a juror it was necessary to be the owner or tenant of dwelling
What did the restriction of the property qualification prior to the 1972 Morris Committee Report on jury service mean?
this meant that women and young people who were less likely to own or rent property were prevented from serving on a jury
What did the Morris Committee think that being a juror should be?
should be a counterpart of being a citizen
In what Act were the qualifications fro jury service widened? based on what?
Criminal Justice Act 1972 , based on the right to vote
Where are the present qualifications set out?
in the Juries Act 1974( as amended)
Under the present jury qualifications , what does the Juries Act 1974 state must be present to qualify for jury service? (3)
- aged between 18 and 70
- registered as a parliamentary or local government elector
- ordinary resident in the UK, Channel Islands or the Isle of Man for at least 5 years since their 13th birthday
What people are not allowed to sit for jury service?
- those who are disqualified
- or mentally disordered
How are people with criminal convictions decided on whether to sit on a jury?
The type of sentence and the length of the prison sentence decide whether the person is disqualified and the period for how long this disqualification lasts
What are the requirements in order to be disqualified from jury service permanently ? (5)
- imprisonment for life , detention for life or custody for life
- detention during Her Majesty’s pleasure or during the pleasure of the Secretary of State
- imprisonment for public protection
- extended sentence
- term of imprisonment or detention for five years or more
What are the requirements to be disqualified for ten years ? (3)
- if at any time in the last 10 years served a sentence of imprisonment
- if at any time in last 10 years had a suspended sentence passed on them
- if at any time in the last 10 years had a community order or other community sentence passed on them
In addition to permanent and 10 years disqualification from jury service, who else are disqualified?
-anyone currently on bail in criminal proceeding
How are disqualified persons punished if they fail to disclose the fact they are disqualified and turns up for jury service?
fined up to £5,000
How are mentally disordered persons described under the Criminal Justice Act 2003? (3)
- anyone who suffers from mental illness, psychopathic disorder, mental handicap or severe mental handicap who is either a resident in a hospital or regularly attends for treatment by a medical practitioner
- person under guardianship under s.7 of the Mental Health Act 1983
- person who under s.7 of the Act has been determined by a judge to be incapable of administering his property and affairs
What is the criticism of the definition of a ‘mentally disordered person’ under the Criminal Justice Act 2003 ?
definition does not distinguish between those receiving treatment for mild depression from their GP and those sectioned under the Mental Health Act 1983
Why might a judge discharge a person from being a juror?
for lack of capacity to cope with the trial
Why may a person have a lack of capacity to cope with a trial ? (2)
the person may not understand English adequately
-some disability makes them unsuitable as a juror
Give an example of someone who may have a lack of capacity , why ?
-blind people would be unable to see plans and photographs produced in evidence
What power makes it clear that the mere fact of disability does not prevent someone from acting as a juror?
Section 9B(2) of the Juries Act 1974 , added into the Act by the Criminal Justice and Public Order Act 1994 s.41
When may a judge disqualify the juror for a disability?
When he/she is satisfied that the disability means that the juror is not capable of acting effectively as a juror
When was a deaf man prevented from sitting on a jury at the Old Bailey despite wishing to serve and bringing a sign language interpreter?
June 1995
Why was a deaf man in June 1995 prevented from sitting on a jury at the Old Bailey despite wishing to serve and bringing a sign language interpreter? (2)
- The judge pointed out that this would mean an extra person in the jury room which was not allowed by law
- when witnesses give evidence the tone of their voice is important
In addition to June 1995 when a deaf man was prevented from sitting on a jury at the Old Bailey, when did another deaf man challenge the ban ?
November 1999
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History& Modern day use of the jury47
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Jury Qualifications - qualifications&disqualifications29
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Jury Qualifications The Right To Be Excused From Jury Service24
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Selecting a jury30
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Selecting a jury - Criticisms of selection13
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The Jury's Role In Criminal Cases27
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Advantages of Jury Trial16
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Disadvantages of jury trial57
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Special Problems with using juries in Civil Cases22
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Alternatives to Jury Trial20
