legal systems: lay people - juries and magistrates, paper 1 sec a Flashcards
1
Q
history of the jury system
A
- used for over 1,000 cases
- originally used to provide local knowledge and information
- by the middle of the 15th century juries had become independent assessors
2
Q
basic qualifications are set out in the
A
juries act 1944
3
Q
juries act 1994
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- aged 18-75 inclusive (aged increased from 70 by the criminal justice and courts act 2015)
- registered as as parliamentary or local government elector
- ordinarily resident in the uk, the Channel Islands or the isle or the Isle of Man for at least 5 years since his 13th birthday
4
Q
those who are disqualified permanantly from serving a jury
A
- disqualified permanently: those who have been sentenced to:
- imprisonment for life, detention for life or custody for life
- detention during he majesty’s pleasure (given to offenders under 21 for serious offences)
- imprisonment for public protection or detention for public protection
- an extended sentence
- a term of imprisonment of 5 years or more or a term of detention of 5 years or more
5
Q
those disqualified for 10 years - if in the last 10 years they have:
A
- served a sentence of imprisonment
- has a suspended sentence passed on them
- had a community order or other community sentence passed
- in addition, anyone currently on bail in criminal proceedings is disqualified from sitting as a juror
- if a disqualified person fails to disclose that fact they may be fined up to £5000
6
Q
mentally disordered persons
A
- includes: those who suffer from a mental illness or mental handicap, resident in a hospital or similar institution or regular attend treatment
- a person who is under guardianship under sec 7 of the mental health act 1983
- a person who has been determined by a judge to be incapable of administrating his property and affairs
- (none of the above allowed to do jury service)
7
Q
lack of capacity
A
- judge may discharge a person for lack of capacity
- doesn’t understand English
- blind: unable to see plans or photos
- can only discharge if the disability means that the juror is not capable of acting effectively
- deaf juros: those who are death and need a sign language interpreter cannot sit at jurors, law does not allow for a 13th person
8
Q
the right to be excused from serving on a jury
A
- full time members of armed forces if prejudicial to efficiency of the services
- discretionary excuses, if its difficult for you to do jury service, every reason looked at
- examples: too ill, mother with small baby, business appointments, examinations and holidays that have been booked
- court will defer service to a more convenient date
- if a person is not excused, he must attend
- £1000 fine
- lawyers and police officers: used to be ineligible for jury, criminal justice act 2003 abolished this. judges, lawyers, police are eligible to serve
9
Q
vetting
A
- this takes place before the trial
- the prosecution and defence have the right to see the jury list
- they may decide whether the jurors need to be ‘vetted’
10
Q
2 types of vetting
A
- police checks
- wider background checks
11
Q
wider checks
A
- wider check is made on a jurors background and political affiliations
- attorney general published guidelines in 1980 on when political vetting should take place
- vetting would only be used in exceptional cases involving:
1. national security
2. terroist cases
3. vetting can only happen when they have express permission from the attorney general
12
Q
selection at court
A
- jurors will be divided into groups of 15
- then allocated a court
- at the start of the trial the clerk will then select 12 out of the 15
13
Q
selection at court: 1. to the array
A
- very rare
- right to challenge given by sec 5 of juries act 1974
- challenge to the whole jury, on the basics that is has been chosen in an unrepresentative or biased way
- r v ford
- if the jury were chosen in a random manner then it could not be challenged, simply because it was not multi-racial
14
Q
selection at court: 2. for the cause
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- challenges the individual, right of an individual juror to sit on the jury
- challenge must point out a valid reason why that juror should not serve
- obvious reason, jury is disqualified
- can also be made if the juror knows or is related to a witness or defendant
- if such people are not removed the there is a risk that any subsequent conviction could be quashed
15
Q
selection at court: 3. prosecutions right to stand by jurors
A
- this is a right that only the prosecution can exercise
- allows the juror who has been stood by to be put to the end of the list of potential jurors
- he will not be used on the jury unless there are not enough other jurors
- prosecution does not have to give a reason for ‘standing by’
- power should be used sparingly
16
Q
juries role in a criminal trial: split function
A
- crown court when defendant pleads not guilty, fewer than 30,000 cases each year
- court functions between judge and jury, split
- judge decides point of law, jury decides facts
- judge has power to direct the jury to acquit, if he decides that, in law, the prosecutions evidence has not made out a case against the defendant
- directed acquittal: if trial continues, judge sums up, juries retire to private room
17
Q
juries role in a criminal trial: verdicts
A
- unanimous verdict (all 12 agree), one that the jurors are all agreed
- judge must accept the verdict
majority verdicts: - if after 2 hours no verdict reached, the judge will accept a majority
- allowed since 1967
- tries to prevent jury be ‘nobbled’ (jury being bribed)
- foreman announces verdict
- sec 17 juries act 1974, making sure a majority is reached
18
Q
juries role in a criminal trial: secrecy
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- juries discussion takes place in secret
- no inquiry on how jury reached verdict
- criminal justice and courts act 2015: criminal offence to intentionally disclose anything that happens in a jury room
- disclosure allowed where it is in the interest of justice eg. jurors misconduct
- power to judge to ask jurors to hand in phones
19
Q
advantages of having a jury
A
20
Q
disadvantages of having a jury
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- time consuming if jury cannot reach a verdict
21
Q
other issues of having a jury
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- high acquittal rates
- Jurys are often criticised on the grounds they acquit too many defendants
- compulsory nature of jury service is unpopular, some jurors may be against whole system
- jury service can be a strain, especially when jurors have to listen to horrific evidence
22
Q
Strasberg
A
head court for European convention
