L8-11 Juries Flashcards
Act and circumstances a jury can be used in a civil case
s.69 Supreme Court Act 1981
Libel and slander
Malicious prosecution
False imprisonment
Fruad
How many Jurors in a County court
8
How many jurors in the High Court
12
Under what precedent are juries allowed in Personal Injury Cases
Ward v James 1966
How many Jurors in a Coroners Court
7-11
Under what act and circumstances can a Jury be convened in a Coroners Court
Coroners and Justice Act 2009
- Died in Custody
- Unknown Cause of death
- Death was violent or unnatural
Grenfell tower
What is the Act and requirements to serve on a Jury
Juries Act 1974
between 18-75
On electoral roll
Resident in UK for 5 years since 13
What Act and precedent ammeded who can serve on juries
CJA 2003 allowed police officers, judges, and lawyers
Supported by R v Abdroikof and R v Khan
2 Types of vetting
Police check
Wider background check
What did the Court of Appeal say about police checks
R v Sheffield Crown Court ex parte Brownslow
- Police checks are legal is both sides are informed
Wider Background Check
used to check jurors background and political affiliations
ABC trial
3 types of Challenging the Jury
Challenging he array
Challenging for cause
Stand by for the crown
Challenging for cause (precedent)
R v Wilson 1995 - convictions quashed as jurors knew the defendant
Challenging the Array (act + precedent )
S.5 Juries Act
On basis jury is unrepresentative or biased
R v Ford held a jury couldn’t be challenged because the jury was all white
Who are disqualified from jury service
Sentenced to more than 5 years in prison
currently on bail or licence
What act made jury nobbling a crime
Criminal Procedure and Investigation Act 1996
Judges holds trial alone (Act + Precedent)
CJA 2003
R v Twomey 2009
Advantages of Juries
Layman’s equity - reverse verdict
Public participation
Better decision making
Independence
Disadvantages of Juries
Lack of competence
Nobbling
Bias
Secrecy
Laymans equity
juries act as checks and balances on gov power
protects public from government overreach and oppressive prosecution
Precedent of Laymans equity
Ponting - Official secrets whites blower
Kronlid - Protestors caused damage
Owen - father injured sons killer
Public participation
allows everyday citizen to take part in justice system
Judged by peers not state
Better decision making
Roskill Comitte 1986 concluded that many jurors were out of their depth and didn’t understand
Bias
Due to CJA 2003
Police officers and judges are influential on juries and biased
Secrecy
Juries do not need to give reasons
Its an offence to disclose any information from the Jury room - Contempt of Court Act 1981
R v Connor 2004 said it was illegal even if jury decision was unsafe
