Jury Qualifications - qualifications&disqualifications

Question 1

When were the qualifications for jury service revised following the Morris Committee Report on jury service?

Answer 1

1972

Question 2

Why were qualifications for jury service revised after 1972?

Answer 2

this followed the Morris Committee Report on jury service

Question 3

Before the Morris Committee Report on jury service 1972, what were the prior jury service requirements?

Answer 3

there was a property qualification . In order to come a juror it was necessary to be the owner or tenant of dwelling

Question 4

What did the restriction of the property qualification prior to the 1972 Morris Committee Report on jury service mean?

Answer 4

this meant that women and young people who were less likely to own or rent property were prevented from serving on a jury

Question 5

What did the Morris Committee think that being a juror should be?

Answer 5

should be a counterpart of being a citizen

Question 6

In what Act were the qualifications fro jury service widened? based on what?

Answer 6

Criminal Justice Act 1972 , based on the right to vote

Question 7

Where are the present qualifications set out?

Answer 7

in the Juries Act 1974( as amended)

Question 8

Under the present jury qualifications , what does the Juries Act 1974 state must be present to qualify for jury service? (3)

Answer 8

• 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

Question 9

What people are not allowed to sit for jury service?

Answer 9

• those who are disqualified

- or mentally disordered

Question 10

How are people with criminal convictions decided on whether to sit on a jury?

Answer 10

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

Question 11

What are the requirements in order to be disqualified from jury service permanently ? (5)

Answer 11

• 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

Question 12

What are the requirements to be disqualified for ten years ? (3)

Answer 12

• 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

Question 13

In addition to permanent and 10 years disqualification from jury service, who else are disqualified?

Answer 13

-anyone currently on bail in criminal proceeding

Question 14

How are disqualified persons punished if they fail to disclose the fact they are disqualified and turns up for jury service?

Answer 14

fined up to £5,000

Question 15

How are mentally disordered persons described under the Criminal Justice Act 2003? (3)

Answer 15

1. 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
2. person under guardianship under s.7 of the Mental Health Act 1983
3. person who under s.7 of the Act has been determined by a judge to be incapable of administering his property and affairs

Question 16

What is the criticism of the definition of a ‘mentally disordered person’ under the Criminal Justice Act 2003 ?

Answer 16

definition does not distinguish between those receiving treatment for mild depression from their GP and those sectioned under the Mental Health Act 1983

Question 17

Why might a judge discharge a person from being a juror?

Answer 17

for lack of capacity to cope with the trial

Question 18

Why may a person have a lack of capacity to cope with a trial ? (2)

Answer 18

the person may not understand English adequately

-some disability makes them unsuitable as a juror

Question 19

Give an example of someone who may have a lack of capacity , why ?

Answer 19

-blind people would be unable to see plans and photographs produced in evidence

Question 20

What power makes it clear that the mere fact of disability does not prevent someone from acting as a juror?

Answer 20

Section 9B(2) of the Juries Act 1974 , added into the Act by the Criminal Justice and Public Order Act 1994 s.41

Question 21

When may a judge disqualify the juror for a disability?

Answer 21

When he/she is satisfied that the disability means that the juror is not capable of acting effectively as a juror

Question 22

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?

Answer 22

June 1995

Question 23

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)

Answer 23

• 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

Question 24

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 ?

Answer 24

November 1999

Question 25

What did the judge decide in November 1999 when another deaf man challenged his right to sit as a juror?

Answer 25

Judge felt there was no practical reason why he should not sit however the law only allowed 12 jury members to be present and would not allow a 13th , making it impossible

Question 26

What are the 3 reasons why a person who has the basic qualifications for jury service not allowed to sit for jury service?

Answer 26

• Mentally disordered
• Disqualified , permanently or for 10 years
• excusal/discretionary excusal

Question 27

What power prohibits those with a mental disorder to not sit on jury service?

Answer 27

Criminal Justice Act schedule 1

Question 28

What are the 4 reasons a person may be disqualified permanently ?

Answer 28

• imprisoned for life
• imprisoned for public protection
• serving an extended sentence
• serving a term of imprisonment of five years or more

Question 29

What are the 4 reasons a person may be disqualified for 10 years?

Answer 29

• served a sentence of imprisonment
• had a suspended sentence passed on them
• had a community order
• is on bail