Juries Flashcards

1
Q

What was Lord Devlin’s view of juries?

A

They are “the lamp that shows that freedom lives”

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2
Q

What acts govern juries?

A

The Juries Act 1974, amended by the Criminal Justice Act 2003

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3
Q

What are the qualifications of a jury?

A
  • 18-75 years of age
  • On the electoral register
  • Resident of the UK for 5 years from 13 years old
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4
Q

What makes a juror ineligible?

A

Mental disorder

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5
Q

What disqualifies a juror?

A
  • On bail
  • Served 5 or more years in prison
  • Been in prison for public protection
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6
Q

When can a juror not serve for 10 years?

A
  • Suspended sentence
  • Community order
  • Any time in prison
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7
Q

What is deferral?

A

Delaying jury service for good reason

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8
Q

What is excusal?

A

Excused from jury service for 12 months in an exceptional circumstance

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9
Q

What are the stages of the jury selection process?

A
  • Summons
  • Identity is confirmed
  • 15 chosen at random
  • 12 are selected from the 15
  • 12 are sworn in
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10
Q

In what case was a DBS check of the juror made mandatory?

A

R v Mason

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11
Q

When can an authorised jury check take place?

A

In a case of national security and when authorised by the Attorney General

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12
Q

What is challenge for cause?

A

A juror is challenged for not being impartial

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13
Q

What is challenge to the array?

A

The jury is challenged for being unrepresentative

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14
Q

What is the prosecution’s right to ask jurors to stand by?

A

The prosecution can excuse a juror but only when they are clearly unsuitable and when agreed on by the defence

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15
Q

What is the role of the jury?

A

To come to a verdict based on the facts and apply the law as directed by the judge

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16
Q

What verdicts are accepted?

A

A verdict should be unanimous, though a majority verdict may be accepted when at least 10 jurors all agree

17
Q

What was established in Bushell’s Case?

A

Jurors cannot be punished for reaching a verdict the judge doesn’t like

18
Q

What was established in R v F?

A

Only evidence presented at trial is taken into account

19
Q

What act governs juries in civil cases?

A

Senior Courts Act 1981

20
Q

In what cases are juries seen in in civil cases?

A

Malicious prosecution
Fraud
False imprisonment

(Other cases in the courts discretion)

21
Q

What are the advantages of juries?

A
  • Public participation
  • Decisions made at a juror’s own consciousness
22
Q

What are the disadvantages of juries?

A
  • Perverse verdicts
  • No reasons given for decisions
  • Jurors may lack ability to do effective job
23
Q

What are alternatives to trial by jury?

A
  • Sing judge
  • Panel of judges
  • Professional jurors
  • Single judge with two lay assessors