Jury System Flashcards
Jury eligibility
-aged 18-75
-a UK resident for at least 5 years
-registered on electoral roll
How is the jury selected?
1) selected by CBS computer randomly from all eligible people
2) 15 jurors arrive, court official randomly select 12, 3 remain as standbys
When does a juror step down?
-if they know or recognize any members of the parties
-one of three standbys will step in
Disqualification from eligibility
Criminal Offences
-on bail
-custodial sentence for 5+ years, disqualified for life
-custodial sentence for less than 5 years or community order in last ten years, disqualified for ten years
Mental Disorder
-resident in a hospital as result
-regular treatment
-having a guardian
How can you be excused from Jury service?
-deferral: putting off service for up to a year for valid excuse e.g holiday, operation. Must sit in jury within a year of deferral.
-discretionary excusal: don’t do it at all e.g armed forces, over 65.
-Criminal Justice Act 2003 removed automatic excusal of medical and legal professionals
What is the Coroners Court?
-jury of 7 to 11 members
-enquires into unusual deaths
Coroners and Justice Act 2003 states a jury is only used if:
-occurred in custody (unnaturally, violently)
-caused by act or omission of police
-caused by accident, poisoning or disease
What is the role of the jury?
-‘arbiters of fact’
-listen to all witnesses
-see real evidence
-decide conviction
-return unanimous verdict, judge may accept 11:1 or 10:2
Contempt of Court
-s20 of Juries Act 1924, failure to attend service is offence and fines up to £5000 or custodial sentences
-sentenced if secrecy isn’t maintained
Why can jurors be sentenced?
Criminal Justice Act 2015:
-s71: researching case during trial
-s72: intentionally disclosing information under s71
-s73: engaging in prohibited conduct
-s74: intentionally disclosing information about discussions in jury room
What are the advantages of juries?
-balance against state of interference
-perverse verdicts show public opinion
-generally gender and racially balanced
-public participation
What are the disadvantages of juries?
-no reasoning needed
-not truly representative
-lack of ability and knowledge
-effect on juror
-media influence
What is jury challenging (vetting)?
-process of checking members, DBS checks
-right to free and fair trial, if members are selected are they truly representative
Challenging the jury
-to the array
-for cause
-stand by
What is to the array?
-challenge to whole jury
-basis it was selected in bias and unrepresentative way
-R v Ford 1989, challenged judges refusal to swear in multi racial jury
What is for cause?
-challenges right of an individual juror
-R v Sparson 1995, wife of prison officer was summoned but not granted excusal.
