describe the qualifications, section and appointment of the juries Flashcards
(21 cards)
where are the rules o the jury contained
in Juries Act 1974 (amended by criminal Justice Act 2003 & Criminal Justice & courts act 2015)
what are the qualifications needed for the jury
person aged between 18-75, on the electoral register & a resident of the UK, Channel Islands or Isles of Man for at least 5 years since age of 13
is everyone able to serve
some people are unable to serve
jury disqualification for life
those who have been imprisoned for life or for public protection or have received prison sentence for 5 years and more
disqualification for 10 years
those who received prison sentences less than 5 years or a suspended sentence who have received a community order
disqualification and bail
a person is disqualified whilst on bail
what happens if a disqualified person fails to disclose facts
fails to disclose facts & turns up for jury service they may be fined up to 5000
when can jury service be deferred
for up to 12 months where there’s good reasons —> booked holiday exam or operation & aimed forces personal if their commanding officer certifies they’re needed elsewhere
Ineligible people
certain mental health issues, who cannot speak/understand english, those with deafness or a disability which would stop the, carrying out the role
Excusal and jury
can be given if service cannot be undertaken in the next 12 months —> good reason is needed e.g serious illness or disability or being fully time career of someone with serious illness or disability
when else can excusal be given
when jury central summoning bureau randomly selects names from the electoral register
A Lord chancellor summons
is sent through post & those summoned must reply —> approximately 150 summonses for each court are sent out every 2 weeks —> if summons is ignored then they could be fined up to 1000
how many weeks are jurors expected to attend
for 2 weeks service but have to attend for long if the trial last longer
what happens in the waiting area of the jury
from jury pool in waiting are at four people are randomly divided into groups of 15
what does the court clerk do
calls 12 names out —> randomly selected them from shuffled pack of cards —> checks and challenges are undertaken
Vetting and jury
can happen 2 ways:
The disclosure & Barring service (DBS) —> checks are routine police checks &checking whether certain jurors are disqualified
exceptional circumstances —> cases involving notional security, authorised jury checks are made on wider background or the juror, such as their for political affiliation—> permission from Attorney General is required
what are the 3 ways jury members may be challenged
challenge to the array
challenge for cause
prosecution my ask juror to stand by without reason
challenge to array
dan’s challenge to whole jury on basis it has been chosen or because an unrepresentative or biased way —> EXTREMELY RARE—> in Ford it was held that challenge cannot be made simply due to jury nit being multi-racial
Challenge for cause
challenge to individual juror e.g. because they are disqualified or because moro knows or is related to the defendant or witness
Wilson —> juror was the wife of a risen officer who worked in the prison where d was imprisoned
prosecution my ask juror to stand by without reason
juror put to ed of the list & will only be used if there’s not enough others e.g. would be if juror clearly would be unable t follow a complex case
when are jury appointments placed
are place when jury enters the jury box to be sworn in on oath on the holy book of their choice or they can affirm if they are of no faith
