Juries

Juries

1. Selection

   • Jury summons through the post
     • Reply within 7 days or fine of up to £1000
       • usually 10 working days
   • wait in the jury pool
     • court official will choose 15 people
       • court clerk shuffle names, first 12 read out
         • if a juror knows someone involved in the case then they cannot sit
   • routine police check
     • or wider background check
       • requires permission from Attorney General
         • ABC Trial

2. Role

   • used in 1% of cases
   • In the crown court for more serious cases
   • jury of 12, judge guides on the relevant law
   • decide on the facts by consideration of the evidence
   • reach a verdict of 'guilty' or 'not guilty'
   • reach a unanimous verdict but (10-2) accepted to reduce the number of retrials and counteract jury tampering
     • section 44 Criminal Justice Act
       • can be heard by judge alone
         • R v Twomey
   • if deliberating more than two hours
     • if 11 jurors 10-1
     • if 10 jurors 9-1
     • 9 jurors unanimous
   • civil cases
     • decide if 'liable'
     • County court (8 jurors) or High court
     • defamation, fraud, treasure trove
     • rarely used

3. Advantages and Disadvantages

   • public participate in the justice system
   • jury equity
   • representative of society
   • decisions are made away from external influence
   • civil cases difficult to understand
   • most don't have knowledge of how the law works

4. Bushell's Case

   • R v McKenna
   • R v Ponting
   • R v Owen

5. Qualifications

   • 18-70
   • on electoral register
   • Resident in the UK for at least 5 years (since 13th birthday)
   • Disqualified if they have served a prison sentence of 5 years or more
   • Deferred under certain circumstances, decisions made by the Jury Central Summoning Bureau
   • Excused 'as of right' if aged 65-70
   • Incapable if deaf, blind, don't speak English
   • Ineligible if a person has a mental disorder
   • Criminal Justice Act 2003 stopped certain professions being ineligible

6. Challenging

   • Challenge the Array if unrepresentative
     • Section 5 Juries Act
     • R v Fraser
   • Challenge for Cause to remove individual
     • R v Wilson
   • Stand by for the crown to use juror as a last resort
     • After challenging, jury is sworn in

7. alternatives and reform

   • allow judge to assist them
   • professional jurors