(RED) Criminal Courts: Juries Flashcards
What does s1 of the Juries Act 1974 (amended by the Criminal Justice Act 2003) say the eligibility criteria is for jury service?
1) Must be between 18 and 75 years old
2) Must have been a UK resident for at least 5 years consecutively since 13th birthday
3) Must be on the electoral register
Who is unfit for jury service?
- Mentally disordered people which includes any mental disorder under the Mental Health Act 1983.
- People who are incapable- they have a physical disablity like deafness or blindness.
Who does s1 of the Juries Act 1974 (amended by the Criminal Justice Act 2003) disqualify from serving as a juror?
People with certain criminal convictions. Disqualification is permanent if the offender is serving a life sentence or has ever been sentenced to a prison sentence of 5 years or more. Temporary disqualification applies to those on bail who are disqualified for the duration of their bail or is 10 years for an offender who has been given a prison sentence of less than 5 years or is given a community order.
Which section of the Juries Act 1974 allows for an excusal or deferral which means the service is cancelled or moved to a more convenient time and what must be given?
S9 of the Juries Act 1974.
A good reason must be given like religious holidays, exams, work commitments, childcare commitments, holidays etc.
Who couldn’t sit on a jury before the Criminal Justice Act 2003 and why did this change?
Judges, lawyers, police officers and priests. It was thought it would be unfair for people like police officers and judges to sit on a jury as they fundamentally lean towards prosecution but the number of eligible people was too small and so this had to be extended to stop people getting summoned again and again.
How are names selected for jury service?
It is done at random by a computer from the Electoral Register.
What is the process of summoming jurors?
After the names are selected, summons are sent to those people. Those people must notify the court if there is any reason they can or can’t do jury service. Those summoned will be expected to attend for a minimum of 2 weeks although if a trial is expected to last longer than this, jurors will be asked if they can serve.
What does vetting mean and what types of vetting are there?
Checking potential jurors for their suitability.
1) Police checks- these ensure no potential juror is disqualified from having previous convictions.
2) Wider background checks into a juror’s political affiliations- this can only be done in exceptional circumstances like in terrorist cases or cases involving national security. The Attorney General must give express permission for this.
What happens to the 15 jurors who get called into a trial?
The court clerk selects 12 of them at random and then the Prosecution and the Defence have the chance to challenge the jury.
What is challenging the whole jury and why would it be done?
It can be done by both Prosecution and Defence and is called a ‘challenge to the array’. This is because the jury is unrepresentative or selected in a bias way. e.g. R v Fraser where D was from ethnic minority and jury were all white. Or Romford jury where 9 of 12 jurors were from the same street.
What is challenging an indiviual juror and why would it be done?
It can be done by both Prosecution and Defence and is called ‘challenge for cause’. This is because the juror is disqualified or may know someone is the case. e.g. R v Wilson and Sprason where a juror was the wife of the prison officer overseeing Vs.
How else can the Prosecution challenge the jury?
They can ask a juror to ‘stand by for the Crown’ which means that juror will only be used if there is no-one else. No reason is needed and they can do this to up to 3 jurors.
What do jurors swear in an oath?
‘I swear by almighty God to faithfully try the defendant and give true verdicts according to the evidence’
How many cases does the Crown Court hear a year?
Around 30,000 which is less than 2% of all criminal cases.
What did Bushell’s case show?
That the judge is not allowed to influence the jury in their decision making and they must accept the jury’s verdict even if they don’t agree with it. The jury also don’t have to give reasons for their verdict.
What is a directed acquittal?
Where the judge directs the jury to acquit D because the Prosecution’s case gave insufficient evidence. The jury must then acquit D. This happens in around 10% of cases. An example of this is R v Counsell.
What does the Contempt of Court Act 1981 say?
It is an offence to disclose any discussions in the jury room with anyone outside, like the media. e.g. Attorney General v Fraill where Fraill shared discussions with D’s girlfriend.
What does the foreman/woman do?
They are one of the jurors who is elected by their fellow jurors to orchestrate discussions in the jury room and publicly announce the verdict in open court.
What does the Juries Act 1974 say the foreman/woman must do if it is a split verdict?
Announce the number of jurors agreeing and disagreeing with the verdict.
Which act allows a judge to accept a majority verdict of 11-1 or 10-2 from the jury if a unanimous verdict is not reached after 2 hours of deliberations?
The Criminal Justice Act 1967.
What happens if fewer than 10 jurors are agreed?
It is called a ‘hung jury’ and the judge will discharge them. D will face a retrial in front of a new jury. e.g. R v Jenkins (Sion).
What powers did the Criminal Justice and Courts Act 2015 give to judges to try and minimise the risk of jurors researching defendants on the internet and sharing internet research with fellow jurors?
- They can order jurors to hand in any electronic device before they go into the jury room.
- The jury officer can strip search a juror to check for any such devices.
- It made researching a case on the internet a criminal offence.
- It also made it an offence to share researched information with fellow jurors.
What are the advantages of juries?
- Public confidence
- Jury equity
- Secrecy
- Impartial and diverse
Explain the advantage of public confidence.
It is a trial by peers- jury are representative of society and D so it is very democratic. They also have a wider breadth of knowledge and have different experiences to a judge and D can also challenge to the array if the jury are unrepresentative like in R v Fraser. A survery by the Law Society said that 80% of those asked would trust a jury more than a judge of magistrates and Lord Devlin referred to the jury as a ‘little Parliament’. Therefore it shows support and agreement with the justice system, leading to public respect for the law.
