describe the role of juries Flashcards
(12 cards)
1.where are the rules of the jury contained and how many criminal trials are heard
in the Juries Act 1974 & the criminal Justice act 2003 —> listen to around 1% of all criminal trials = about 20,000 cases a year
2.how many jurors sit in the crown
12 and trials are presided over by the jury & the functions are split between the judge and jury
2.what do judges and jury do
decide point of law & the jury decides the facts —> they decide the the trial of indictable offences (most serious offences such as murder) & some triable either way offences (mid-range offences such as an assault occasioning ABH under S47 OAPA 1861
3.what else does the jury do
listen to evidence & submissions provided by the court including cross examination f witnesses & the closing speeches of the defence & prosecution barristers—> see exhibits such as items involved in crime, photograph, CCTV images & diagrams
3.what is the jury the sole decider of
jury is the sole decider of the fact—> jurors are excluded from court whilst advocates argue points of law
3.what can the jury do within the case
make notes during the trial but can only be used in courtroom & the private jury room —> the can be taken at home
4.what happens after the evidence is presented in court
jury must listen very carefully to the judges summing up when he summarises the facts, explain the law & explain to jurors what they have to do decide
4.what can happen in about 10% of cases
judge can tell jury to acquit the defendant —> but cannot tell them to find them guilty as established in Bunshells Case 1670—> jury can do this if it has been decided that the prosecution evidence hasn’t made it a case against d
5.what does the jury have to do
reach a verdict —> guilty or not guilty & they retire to private jury room to do this
5.secret rooms jury
have secret discussion —> juries aren’t allowed to discuss case with anyone else & could be liable under Contempt of Court Act 1981 if they dont ensure confidentiality as in Fraill —> where a woman contacted d by facebook during the case and in Beard —> where google research was shared with others in jury
- when jury is voting
they can put written question to the jury while they are deliberating—> unanimous verdict is preferred i.e
all agree d is guilty or not guilty —> however majority verdict of 1:1 or 10:2 can be accepted by the judge when enough time has elapsed —> usually at least 2 hours
- what does the foreman do
foreman then publicly announces the verdict to the court but doesn’t have to give eason for the decision —> judge then decides the sentence not the jury
