Juries

Question 1

Eligibility

Answer 1

S1 Juries Act 1974 amended by Criminal Justice Act 2003 outlines who is eligible for jury service

• 18-75 age
• UK resident for 5 consecutive years since turning 13
• be on electoral register (able to vote)

Question 2

Disqualification

Answer 2

Juries act 1974 amended CJA 2003 disqualifies certain criminal convictions permanently or temporary (10 years)

• permanent (5+ year custodial sentence)
• less than 5 year custodial sentence or suspended sentence or on bail

Question 3

Incapable

Answer 3

Disorders can make people incapable for jury service

• any mental health disorder under the mental health Act 1983
• resident of an institution or hospital or attending a medical practitioner for treatment

Question 4

Excusal

Answer 4

S9 Juries Act 1974- people who do not wish to do jury service must apply to the court for a discretionary excusal (this is permanent)
Needs to be a reason they are unable to fulfill role
- deaf or blind
- don’t understand English well

Question 5

Deferral

Answer 5

S9 of Juries Act allows for temporary deferral so their jury service is postponed if they are unable to attend

• exam
• pre booked holiday
• religious ceremony
• getting married
• work commitment

Question 6

Jury selection

Answer 6

• names selected at random from electoral register
• summons sent by CJSB to those who have been selected
• those summoned must notify if they can’t attend (or will be fined)
• expected minimum 10 working days, if expected to last longer they will be asked if they can serve

Question 7

Vetting

Answer 7

Checking potential jurors for suitability

1. Police check (criminal history) can disqualify
2. Wider background check (political affiliations) need attorney general permission for this

Question 8

When selecting 12/15 jurors, how can they challenge

Answer 8

1. Challenge the array (clearly I represented or selected biasedly)
   - Fraser or Romford Jury 9/12 from same neighbourhood
2. Challenge for cause (know the defendant or disqualification not picked up on)
   - Wilson & Sprason (wife of prison officer)

Prosecution can ask to ‘stand by the crown’ swap any 3 jurors

Question 9

Jury promise to

Answer 9

I promise to faithfully try the defendant and give true verdicts according to the evidence

Question 10

Concerns for the jury

Answer 10

Easy for jurors to research about the case on the internet
As deliberations take place in secret it’s easy to share their research
Supposed to only make decisions based on evidence in court

Question 11

Solutions to concerns about the jury

Answer 11

The Criminal Justice and Courts Act 2015
Trial judge has the power to order jurors to hand in electronic devices before going into jury room to decide verdict
Jury officer has power to search a juror to check for any devices
Criminal offence for juror to research case on internet
Criminal offence for any juror to agree any research with fellow jurors

Question 12

Why the criminal and Courts Act 2015 is effective

Answer 12

Served as deterrent

AG v Dallas- 6 months in prison for sharing research

Question 13

Why Criminal and Courts Act 2015 is not effective

Answer 13

Can’t monitor search history

Ethical issues

Question 14

Advantage of Juries- jury equity

Answer 14

Juries can decide based on morally right and wrong- not necessarily following the law.
R v Owen found not guilty despite overwhelming evidence proving guilt as they sympathised with his situation
Juries can make fair decisions with conscience whereas judges have to apply the law even if it leads to a bad decision

Question 15

Disadvantage of juries- make perverse decisions (against the law)

Answer 15

This could be due to basing decision on conscience (jury equity) of lack of understanding of the law
R v Owen was definitely guilty of a serious crime but didn’t convict as they felt bad
Defeats the point of law and denies D the right to a fair trial

Question 16

Advantage of juries- secrecy

Answer 16

Contempt of Courts Act 1981 makes it an offence to share discussions from within jury room
Research shows juror’s take standard of proof and discuss evidence seriously shows through higher acquittal rates in Crown court (60%)
Jurors may not be honest about their thoughts if it was open to the public and may feel judged by the public and not want to be a juror

Question 17

Disadvantage of juries- secrecy

Answer 17

The Contempt of Courts Act 1981 makes it an offence to share discussion from jury room and they do not need to share reason why deciding (Bushel’s case)
R v Young found D guilty after using an ouija board to decide verdict, not based on evidence
This makes it bad because we don’t know is jury are deciding based on evidence

Question 18

Advantage of juries- public have confidence in them

Answer 18

‘Trial by peers’ is popular as it’s using the ordinary person and not a legal expert- representative of society
Survey by Law society shows 80% of people trust a jury more then judge or magistrates
Support and agreement with justice system suggests it works well

Question 19

Disadvantage of juries- modern technology can bias jury

Answer 19

Info about cases is available online to be discussed and juries are only supposed to use evidence in court under their oath/affirmation
2010, 12% of jurors in high profile cases admitted to using internet, this was a problem in AG v Dallas which let to Criminal Courts and Justice Act 2015
Not easy even with this act to stop internet uses at home and internet can have unreliable sources

Question 20

Advantage to juries- impartial

Answer 20

Jury members cannot know anyone involved in the case so will eliminate bias
R v Wilson and Sprason wife of an officer overseeing D could not serve as a juror
Ensures decision is based on evidence to achieve justice

Question 21

Disadvantage of juries- other prejudices

Answer 21

People may find certain races or jobs more or less honest eg. Priest v Salesman
Sander v UK jurors making openly racist remarks which was against D’s right to a fair trial
Hard to know if justice is being achieved as sometimes hard to know if people hold these biases

Question 22

Explain juries selection & qualification

Answer 22

S1 Juries Act 1974 outlines who is eligible
Between ages 18-75, on electoral register and UK resident 5 years since turning 13
Disqualification: permanent (5+ year custodial sentence), temp (lesser sentence eg. Community orders)
Mentally disordered can be considered ineligible eg. Mental health in Mental Health Act
S9 outlines excusal (if unable) eg. Blind, unable to understand English
Deferral- good reason to push back service may be child birth/exams
Selected randomly computer by central juror summoning bureau
Potential jurors can be vetted
Routine police checks (disqualification) or wider background check (AG permission)
12 names selected court clerk
Def & pros have right to challenge jury
Challenge to array (Fraser all white jury)
Challenge for cause (Wilson & Sprason, connection to case)
Pros ask 3 jurors ‘stand by the crown’
Jurors finally sworn by oath or affirmation to give true verdicts based on evidence in court

Question 23

Explain role of jury in crown court

Answer 23

Jury 12 lay people hear indictable or triable either way offences eg. Theft is D plead guilty or opted
Jury decides verdict which must base solely on evidence in court and sworn to do so oath/affirmation
Now crime to research case (AG v Dallas) received prison sentence
Judge cannot influence (Bushell’s case)
Jury must listen to judge’s summary and guidance on points of law
Listen to directions on burden/standard of proof
Jury can pass Qs through note to Usher
If not enough evidence in pros judge may direct acquittal
Jury must make decision in secret Contempt of Court Act 1981 says must not disclose any info
Foreman must control discussion in jury room and read out verdicts
Unanimous required at first, 2+ hours judge can accept legal majority 10 agreed
Juries Act 1974 says foreman must read out numbers agreeing (less 9 hung jury) Jenkins (retrial)