Role Of Juries Flashcards
Which Acts contain the rules relating to the role of the jury in criminal trials?
The Juries Act 1974 and the Criminal Justice Act 2003.
In what percentage of criminal trials do juries participate?
Around 1% of all criminal trials, approximately 20,000 cases per year.
How many jurors sit in a criminal trial in the Crown Court?
12 jurors.
Who decides the law and who decides the facts in a jury trial?
The judge decides the law; the jury decides the facts.
What types of offences do juries try?
Indictable offences (e.g., murder) and some triable either-way offences (e.g., s.47 ABH under the OAPA 1861).
What is the role of the jury during the trial?
To listen to all evidence and submissions, including cross-examinations and closing speeches from both sides.
Can jurors see physical evidence in court?
Yes, they may see exhibits such as crime scene items, photographs, CCTV footage, and diagrams.
What restrictions apply to jurors regarding notes taken during trial?
Notes may only be used in the courtroom or private jury room—not taken home.
What happens during the judge’s summing up?
The judge summarises the facts, explains the law, and guides the jury on what they must decide.
Can a judge direct a jury to find a defendant guilty?
No, as established in Bushell’s Case (1670). A judge can direct acquittal but cannot direct a guilty verdict.
Where do jurors go to reach their verdict?
A private jury room.
What law governs secrecy during jury deliberations?
The Contempt of Court Act 1981.
What are the consequences if jurors break confidentiality rules?
They may be prosecuted, as in Fraill (Facebook contact with defendant) and Beard (juror used Google and shared info).
Can jurors ask questions during deliberation?
Yes, they can submit written questions to the judge.
What is a unanimous verdict?
A decision where all 12 jurors agree on the verdict.
When can a majority verdict be accepted, and what are the possible ratios?
After at least 2 hours of deliberation, a majority of 10:2 or 11:1 can be accepted.
What should jurors not do during the trial or deliberation?
They must not discuss the case with anyone outside the jury or conduct independent research.
Are jurors present in court when legal arguments take place?
No, jurors are excluded from court when advocates argue points of law.
Can a judge overrule the jury’s verdict?
No, the jury is the sole decider of fact and their verdict stands.
Why is jury deliberation secret?
To ensure independence, impartiality, and protect the integrity of the decision-making process.
Who announces the jury’s verdict in court, and are reasons required?
The foreman of the jury announces the verdict publicly in court, but no reasons need to be given.
Who decides the sentence after a jury returns a guilty verdict?
The judge decides the sentence—not the jury.
