Juries

Question 1

History

Answer 1

-11th century Trial by ordeal
-12th century trail by peers
-Bushells case 1670, independence of jury
-R v Wang 2005, judge cant direct a jury

Question 2

Criminal court use

Answer 2

-decide if D is guilty or not
-Criminal justice act 2003, lone judge if jury tampered
R v Twomey 2009
-1% of criminal cases
-unanimous and majority verdict

Question 3

Civil court use

Answer 3

-fewer than 1%
-decide for or against the claimant

Question 4

Coroners court use

Answer 4

-death has occurred in a suspicious way
-death in police custody or prison
For example: Hillsborough disaster and princess Diana

Question 5

Qualifications

Answer 5

-jury central summoning bureau
-random chosen people from electoral register
-18 to 75
-resident in UK for at least 5yrs since 13th birthday

Question 6

Exceptions for not being on a jury

Answer 6

-mental disorder under criminal justice act 2003
-disqualified, forever if in prison for more than 5 years, 10yrs if on bail or suspended sentence
-excused, exams, blind or deaf, doesn’t speak English, member of forces

Question 7

Fines

Answer 7

-non attendance must explain to the court
-if reason excepted then you are excused
-£1000 fine
-if failure to disclose you should be qualified then £5000

Question 8

Vetting

Answer 8

-prosecution and defence have the right to see the list
-2 types of vetting
-routine police checks, R v Mason
-wider background checks

Question 9

Selection

Answer 9

-15 chosen at random from jury pool
-Praying for a talesman, if not enough jurors people can be picked of the street

Question 10

Challenging

Answer 10

-12/15 picked to from jury
-to the array
-for cause
-prosecution right to stand by

Question 11

Challenging: to the array

Answer 11

S5 juries act 1974
-challenge to the whole jury if unrepresentative or bias
-Romford jury, 2 lived in 20 doors of each other

Question 12

Challenging: for cause

Answer 12

-challenge to an individual juror
-R v Wilson and Sprason, girls husband worked at the place D had be held on remand

Question 13

Challenging: right of stand by

Answer 13

-only available to prosecution
-puts juror to the end of the list
-do not have to provide a reason
-once complete the 12 jurors are sworn in under oath

Question 14

Criminal role

Answer 14

-listen to evidence and sum up by the judge
-decide questions of fact
-retire to jury room to discuss in secret
-do not have to give reason for decision

Question 15

Jury secrecy

Answer 15

-R v Young (Stephens)
jury tried case on matters other than evidence
-R v Karakaya
extraneous material have been introduced into the jury room

Question 16

Discharge

Answer 16

-once a case has become a jury can discharge a juror or the entire jury
-Gregory v UK, sworn duty
-R v Pryce, inability to perform there role