JURIES Flashcards
(11 cards)
1
Q
WHEN JURIES ARE USED
A
- Crown court for indictable/triable either way
- High court
- County court
- Coroner’s court
Only around 1% of all criminal cases
2
Q
s43 Criminal Justice Act 2003
A
Juries may not be used in complex cases such as fraud
3
Q
R v Twomey
A
Trial without Jury, if severe risk of jury tampering
4
Q
ROLE
A
- Jurors examine evidence presented in court, and then retire to come to a decision
- Unanimous is preferred, but 11/1 or 10/2 can be accepted. Anything below 10/2 is a hung jury. (Juries Act 1974)
5
Q
ELIGIBILITY
A
- Electoral register
- Aged 18-75
- A UK resident for at least 5 years.
- Auld Report recommended these changes, due to many people being able to avoid jury duty (Judges, members of the legal profession, police)
6
Q
CONTEMPT OF COURT
A
R v Dallas = Juror researched information about the case
Joanne Frail = talked to the defendant on Facebook
7
Q
JURY CHALLENGING
A
- Racial challenges - R v Ford - argued that the Juries Act violated his right to a fair trial under the ECHR. Failed.
- Challenge for the cause - a request that a juror is dismissed because they cannot be fair or impartial
- Challenge to the array - a challenge of the whole jury panel on the grounds that the summoning officer was biased/acted improperly
8
Q
Pre-Juries Act
A
Guilford 4, Birmingham 6
9
Q
REFORM
A
- Lowered eligibility age to 16
- Choosing names from National Insurance number register
10
Q
ADVANTAGES
A
- Fair verdict instead of legally correct, e.g. R v Owen
- 12 opinions > one judge opinion
11
Q
DISADVANTAGES
A
- Jurors may not understand the case presented to them, R v Pryce showed that 43% didn’t understand everything
- R v Young - we don’t know how juries reach their verdicts