Section B-Juries Flashcards
Criteria for juries (3)
18-75
On electoral role
Resident in UK for 5 years since age 13
When are not eligible for jury
Mentally disordered
Serious conviction (5+years)
On bail
When can you defer to be part of jury (2)
If there is a good reason e.g booked holiday, exams etc
Also excused for 12 months if served already in past 2 years, or an MP/armed forces member
What is jury vetting, and also when can an authorised jury check be carried out?
DBS to check no one is disqualified.
Authorised jury check can be carried out with permission of AG. (NATIONAL SECURITY)
Jury challenging
D/P can challenge the array-the whole jury, if believe it is bias/unrepresentative
Jury challenging case
Romford Jury-9 were from Romford. D was from Battersea
Challenging for cause and case
Challenging one juror-Wilson-had connection to case
Stand by the crown
P can object to juror if defence agree e.g illiterate. Will only be used if no other suitable
3 ways of challenging jury
Challenging array
Challenging for cause
Stand by the crown
Role of jury (4)
Listen to evidence and judges summary.
Secret discussion (cannot repeat anything said in jury room-CoC 1981
Reach verdict-unanimous/majority
Judge will sentence
Jury equity
Jury can base decision on conscience, even if guilty by law
Jury equity cases (2)
Clive Ponting-covered in A10
Bushell
Bushell
Jury locked up for not convicting. Held:jury could not be punished for reaching decision judge didn’t like
Jury nobbling
Jury members try influence other jury
R v F
Only evidence presented at trial used
Hanif v Khan
Police officer on jury was unfair
Pros of juries (5)
Jury equity-morally right-fair (Kronlid, Ponting)
Secret discussion in jury room-allows honesty and no pressure from judge/lawyers
Democratic-ordinary people involved in justice system-public confidence
Diverse compared to judiciary
Sympathise, can protect against harsh laws
Contempt of court protects A6 (Frail +Banks)
Cons of juries (6)
Jury equity-no reasoning, could be on a whim, or to finish faster, less justice
R v Young-jury used ouija board to contact dead victim
Perverse verdicts-ignore law-harm confidence-uncertain
Jury ability-Vicky Price-jury couldn’t understand.
Hung jury=retrial
Can be manipulated by other jury
£4.5m a year to protect jurors from nobbling
What can be done if jury are nobbled, and what act contained in?
Criminal Procedure and Investigation Act- appeal can be made
Juries Act 1974
Outlines qualifications of jurors
Supreme Court Act 1981
Jury allowed in some civil cases
Hung jury
Anything less than 10-2 is a hung jury.
R v Frail
Failure to show up=jailed for contempt of court
R v Banks
Contacted the defendant on facebook=jailed