Karteikarten
Unit 1 The Criminal Courts and Lay People
Karten in diesem Stapel (17)
- 1JURORS- Main legislation is the Jurors Act 1974
- 500,000 summoned each year
- Normally 2 week period
- Can be prosecuted for failure to attend
- Made up of 12 jurors
- Some people are disqualified, ineligible or can be deferred eg. blind, deaf - 2QUALIFICATION AND SELECTION OF JURORS- Chosen at random from electoral roll
-Any person eligible who is:
1) At least 18 and under 70
2) Registered on electoral roll
3) Has lived in UK for at least 5 years since 13 years old
4) Jury Central Summoning Bureau picks at random - 3DISQUALIFICATION OF JURORS1) If a person who is summoned who is on bail
2) Jurors are disqualified for LIFE if has ever been sentence to:
- Life imprisonment
- Imprisonment/ detention for public protection
- 5+ years imprisonment
- extended sentence in Scotland
3) Jurors are disqualified for 10 years if in last 10 years:
- served any part of a sentence of imprisonment under 5 years
- suspended sentence
- community orders imposed
4) Mental disorders/ mental health problems
5) Judge can also disqualify because of physical disability - 4LACK OF CAPACITY (JURORS)1) Blind or deaf
2) Lack of understanding of English language
In these chases, the judge can discharge the juror - 5DEFFERAL OF JURORS- Anyone can apply
- If successful jury service carried out later within the following 12 months
- New dates may be given immediately
- Needs to be a good reason
- Most granted
- Only granted once in a 12 month period
- Most are for work or holidays - 6EXCUSAL OF JURORS- Criminal Justice Act 2003
- Doctors and Pharmacists, Solicitors , Judges and Police can no longer refuse to do jury service - Judge and Police attend in their capacity as a citizen
- Full time members of the Armed Forces will be excused from jury service - 7JURY VETTING-ECHR requires trial by an independent and impartial tribunal
- In certain circumstances
- Jury vetting appears to go against this principle
- 3 concerns which need to be balanced:
1) Jurors may be corrupted or biased
2) National Security
3) Government may use vetting to get the 'right results'
Defence have limited access to information - 8TWO TYPES OF VETTING1) Police checks to eliminate those who are disqualified
2) Wider background checks
Only be used in exceptional cases:
a) Involving national security
b) Only be carried out with Attorney Generals express permission - 9SELECTION PROCESS OF A JURY- Jury is independent and free from bias
- Random nature of selection secures this
- At court another random process (by court official)
- Goes to assembly area on arrival
- Check in & ID confirmed
- Shown DVD (explaining role and process)
- When court is ready to select jury court official chooses a group of people at random from assembly area
- Divided into groups of 15
- Court Clerk will select 12 at random - 10CHALLENGING (JURORS)Both prosecution and defence have certain rights to challenge one or more of jurors
1) To the array
2) For cause
3) Prosecution right to stand by (put to one side) jurors - 11TO THE ARRAY (JURORS)This right to challenge is given by S.5 of the Juries Act 1974 and it is a challenge to the whole jury on the basis that it has been chosen in an unrepresentative or biased way
R v Fraser - where D of an ethnic minority background bit all the jurors were white - 12FOR CAUSEThis involves challenging the right of an individual juror to sit on the jury eg. knowing the defendant or witness, disqualified
- 13PROSECTUION RIGHT TO STAND BY JURORSIt allows the juror who has been stood by to be put to the end of potential jurors, so that they will not be used on the jury unless there aren't enough other jurors
Prosecution doesn't need to give a reason
Attorney General has stated that this power should be used sparingly - 14ROLE AND PROCESS OF A JURY- Jury offers trial by peers
- Mail role to return a verdict of guilt or innocence
-Arbiter of facts
- Must then apply law (explained by judge)
- Then give verdict
- Verdict must be unanimous (or 10 to 2 vote in certain cases)
- But judge can allow majority verdict
-Only normally when enough time has elapsed (2 hours) - 15JURY- Listens to all evidence
- Looks at all exhibits
- Take notes (given in at end)
- Listen to lawyers conclude
- Listen to judge summoning up and explaining law
- Retires to jury room
- Can take in notes, exhibits and indictment
- No mobile phones - 16SPLIT FUNCTIONThe Judge decides points of law and the jury decides the facts
- 17SECRECYThe can be no inquiry as to how verdict reaches
Criminal Justice and Courts Act 2015: makes it a criminal offence to obtain, disclose or solicit any particulars of statements made, opinions expressed or votes cast in the course of their deliberations