Juries History of Jury Trial

What is the historical significance of juries in the English legal system?

Juries existed since the 12th century, featured in the Magna Carta, and replaced 'Trial by Ordeal,' though sometimes abused.

What is the ethos behind a jury trial?

Everyone has the right to be tried by peers, checking unfair laws and tyrannical power, allowing public influence on law and maintaining trust in the legal system.

What is the significance of Bushel's Case (1670)?

Confirmed juries cannot be punished for their verdicts, establishing jury independence after a case where jurors refused to convict Quakers.

What is the procedure for a Crown Court jury trial after a defendant is charged?

Magistrates send trial to Crown Court → jury sworn in → opening speech → prosecution witnesses examined → points of law discussed without jury.

What directions does the judge give to the jury before they retire?

Judge explains the law, burden/standard of proof, AR + MR, summarizes evidence; jury should be unanimous but a majority verdict is allowed.

What is the role of the jury in deciding the verdict?

Jury decides guilty/not guilty based on facts and law; deliberations are private, no reasons are given, and sentence is not decided.

What specific directions are jurors given regarding external information?

Jurors must not discuss the case, visit crime scenes, research the case or participants; ignoring this is contempt of court.

What are some perceived problems with juries?

Issues include objectivity in controversial trials, low conviction rates, complexity, jury-tampering, and lack of transparency.

What are the benefits of a jury trial?

Citizens decide by peers, based on natural justice and common sense, focusing on facts and character, with a successful history.

What was the significance of the Theodora Dallas contempt of court case?

Juror researched defendant and shared info → retrial → Dallas jailed for 6 months, showing importance of fair trial rules.

What is a 'perverse verdict' and how does it relate to jury decision-making?

Verdict against evidence or judge's legal direction; jurors do not have to explain decisions, leading to 'unreasoned verdicts.'

What were the key findings of the Auld Review 2001 regarding juries?

Support for jury trials overall; questioned suitability for complex cases; considered allowing defendants to waive jury.

What did the Auld Review conclude about 'perverse verdicts'?

Historically accepted as check on oppression; jurors must give verdict based on evidence; no right to acquit against law/evidence.

What changes were made by the Criminal Justice Act 2003 regarding jury trials?

Allows judge-only trials where jury-tampering likely, with safeguards; non-jury trials are rare and guided by CPS.

What was the case of R v Peter Blake, John Twomey, Glenn Cameron and Barry Hibberd (2010) significant?

First Crown Court trial by judge without jury due to repeated jury tampering; Court of Appeal allowed it under CJA 2003.

What arguments did JUSTICE raise against the Criminal Justice Act 2003?

Jury trials safeguard justice and public confidence; judges may be 'case-hardened'; removing juries doesn't fix long trials or fraud case issues.

What was the significance of the Clive Ponting case in 1985?

Jury acquitted Ponting despite judge's instructions, feeling law was unfair; led to removal of 'Public Interest Defence' in Official Secrets Act.

What is the Police, Crime, Sentencing and Courts Act 2022 and what criticisms has it faced?

Regulates police, public order, and sentencing; criticized for infringing liberty and protest rights.

What are the aims of the 'Defend Our Juries' campaign?

Highlight threats to jury trials, promote jury nullification, and ensure defendants can explain actions affecting their liberty.

How are jurors selected in the UK?

Randomly from electoral register by JCSB; no attempt to balance gender, age, or ethnicity.

What are some grounds for excusal from jury service?

Cannot speak English, carer responsibilities, unusual business hardship, armed forces absence causing prejudice.

What are the main grounds for deferral of jury service?

Pre-booked holiday, operation, teacher during exams, or temporary job lost if attending.

Who is eligible for jury service according to the Juries Act 1974 (as amended by the Criminal Justice Act 2003)?

Must be registered elector, aged 18-70, UK resident 5+ years since 13, not mentally disordered, not disqualified.

What are the two main categories of ineligibility for jury service?

Mentally Disordered Persons (Part 1, Schedule 1, CJA 2003) and Persons Disqualified (Part 2, Schedule 1, CJA 2003).