Criminal Courts & Lay People: Juries

Question 1

Where are juries used?

Answer 1

In the Crown Court only

Question 2

What cases are juries used for?

Answer 2

Where the D pleads not guilty

Question 3

What percentage of trials are juries for?

Answer 3

2% of all criminal trials

Question 4

How many jurors sit on a jury?

Answer 4

12 sit in Crown Court on indictment

Question 5

What do jurors base their decision on?

Answer 5

Facts, not law

Question 6

What do juries do?

Answer 6

Listen to evidence and judges summing up

Question 7

What is a directed acquittal?

Answer 7

Evidence is not strong enough so send D home

Question 8

Where will jurors discuss?

Answer 8

In the jury room

Question 9

What don’t juries have to do?

Answer 9

Give reasons for their decisions

Question 10

What is the Criminal Courts and Justice Act 2015?

Answer 10

Makes it a criminal offence to intentionally disclose or ask anything about what happened
Judge can ask for jurors’ mobile phone/electronic devices

Question 11

What is a unaninmous verdict?

Answer 11

If not after 2hrs, jury haven’t made a decision, judge can ask for majority verdict (10:2/11:1)
Minimises jury nobbling

Question 12

What is the Juries Act 1974?

Answer 12

Foreman must announce the numbers both agreeing and disagreeing verdict in open court

Question 13

What are the qualifications for jurors?

Answer 13

18-75 yrs old
On the electoral register
Lived in UK for 5yrs+

Question 14

Ineligible

Answer 14

People who are mentally disordered are disqualified from jury service under the Criminal Justice Act 2003

Question 15

Disqualified

Answer 15

Prison sentence for 5yrs+ = permenantly disqualified
Less then 5yrs = Disqualified from jury service for 10yrs
Bail = disqualified

Question 16

Excused

Answer 16

Lawyers, judges, police must do jury service
Armed forces, doctors and pharmacists are granted excusal

Question 17

Deferred

Answer 17

Anyone with problems that would make it difficult to be a juror
New parent
Operation
Exams
Surgery
Pre-booked holiday

Question 18

How are jurors selected?

Answer 18

From the electoral register

Question 19

How many jurors are selected?

Answer 19

15 jurors are selected to go to the courtroom for a 2 week period

Question 20

How many actually sit?

Answer 20

12 are chosen at random by the clerk using name cards

Question 21

What are the different types of vetting?

Answer 21

Routine Police checks
Juror’s background

Question 22

What is a routine police check?

Answer 22

Check of the criminal record

Question 23

What is the juror’s background?

Answer 23

Political affiliations checked in exceptional cases

Question 24

When does challenging take place?

Answer 24

Before jurors are sworn in

Question 25

Who can challenge jurors?

Answer 25

Defence and prosecution

Question 26

What is challenging the array?

Answer 26

Right to challenge the whole jury as may be unrepresentative or biased

Question 27

What is challenging for cause?

Answer 27

Right to remove an individual juror due to potential bias - may know/relate to defendant

Question 28

What is the ‘right to stand by’?

Answer 28

Only available for the prosecution
Put somone’s name at the end of the list to make sure person is only picked as last resort

Question 29

P - confidence in system

Answer 29

DP - To be tried by normal, non-legally qualified people is seen to be democratic. Lord Devlin said juries are ‘the lamp that shows freedom live’
WDP - Tradition of trial by jury is old and people have confidence in the impartiality and fairness

Question 30

P - Jurors don’t follow previous decisions/acts of parliament

Answer 30

DP - Freedom in decision making, often decide cases on waht is fair and just
WDP - E.g., Ponting’s case, secret let out for good reason

Question 31

P - Open system of justice

Answer 31

DP - Whole process is public, public plays a key rols, makes them feel more involved, upholds public policy
WDP - Also, laywers have to explain the situation to the jury, so defendant can also know what’s going om

Question 32

P - Secrecy of the jury room

Answer 32

DP - Jury free from pressure in its discussion, protected from outside influences, make decisions which they think are right
WDP - People less willing to serve on jury if they knew their decision was made public
Criminal Justice & Public Order Act 1994 provides protection for jury members, states it’s an offence to intimidate or threaten jurors physically or financially

Question 33

P - Perverse decisions are reached as a result of jury equity

Answer 33

DP - As jury can ignore evidence, can result in wrong decision, research shows there are doubts regarding 5% decisions made by juries.
WDP - E.g., R v Kronlid

Question 34

P - Trials difficult to understand

Answer 34

DP - Report stated only 31% of jurors undertsand instructions by judge, only rose to 48% when given written summary of instructions, worrying the defendant’s life if being decided by people who don’t even understand the trial
WDP - Fraud trials difficult to keep up with - R v Rayment Lasted 2 yrs, costed £60m

Question 35

P - Jury bias

Answer 35

DP - Even though 12 jurors sit, prejudice can still affect the overall decision. Some may be biased towards police or racially prejudiced
WDP - Media coverage may also influence jurors, especially in high profile cases such as the Moors Murders

Question 36

P - Unpopular

Answer 36

DP - Compulsory nature of jury service is unpopular, some may be against whole system and rush whole process to get a verdict quicker
WDP - Can be a strain on jurors themselves, may need counselling