Criminal Courts - Jury

Juries

a body of people (typically twelve in number) sworn to give a verdict in a legal case on the basis of evidence submitted to them in court.

Independence of the Jury

Bushell's Case 1670

Bushell's Case 1670

Established the right of a jury to be free from judicial coercion.

What was the case R v McKenna about?

A judge threatened the jury that they would be locked up all night if they did not return a verdict within ten minutes.

What was the outcome of the jury's verdict in R v McKenna?

The jury returned a guilty verdict.

What happened to the defendant's conviction in R v McKenna?

The conviction was quashed on appeal due to the judge's interference.

Juries Act 1974

Three basic qualifications:

18-75

resident of the UK for at least 5 years since age 13

Have to be on electoral register

Disqualification from Jury Service

A legal status that prevents an individual from serving on a jury, often due to a felony conviction or other legal disqualifications.

10-Year Disqualification

Served a sentence of imprisonment, community order, been on bail within the last 10 years

What may result from failure to disclose disqualification while attending jury service?

A fine of up to £5000.

What does the Criminal Justice Act 2003 state about jury service for mentally disordered individuals?

Mentally disordered individuals can be excluded from jury service.

Under the Criminal Justice Act 2003, what conditions allow for exclusion from jury service?

If the individual has a mental illness or psychopathic disorder and is a resident in a hospital or regularly attends treatment.

What essential occupations could be excused from jury duty before 2004?

Doctors and pharmacists

What legislation removed the exemption for essential occupations from jury duty?

CJA 2003

What does the CJA 2003 allow regarding jury duty excusal applications?

Discretionary excusal applications

Discretionary excusals

Requests made by jurors to be excused from serving based on personal circumstances.

Valid reasons for excusal

Circumstances such as illness, financial hardship, caregiving responsibilities, or prior commitments that may justify an excusal.

Jury duty obligations

The legal responsibilities of citizens to serve on a jury when summoned, unless excused by the court.

Who issued observations to judges regarding jury service?

Lord Chief Justice

Why does a judge serve on a jury?

As part of his duty as a citizen

What should a judge do if they know another judge on the jury?

Raise it with the court staff

Lack of capacity

Does not understand English, is blind or deaf or disabled

Selecting a Jury

A process where average citizens are selected to give a verdict in a trial

Jury Vetting

Routine police checks to identify jurors with criminal records.

What did the court of appeal rule about vetting jurors for convictions?

It is unconstitutional and an invasion of privacy.

When should convictions be disclosed in relation to jurors?

Only if they lead to disqualifications.

What was the outcome of the ABC trial in 1978 regarding juror vetting?

The trial was stopped and a new one was ordered.

In what circumstances can vetting of jurors be conducted?

Only in issues of national security, where evidence is likely to be given on camera, in terrorist cases, or with the attorney general's permission.

What is the process of jury selection?

Jurors are divided into groups of 15 and allocated to a court. At the start of the trial, the court selects 12 out of the 15 jurors to serve on the jury.

What does challenging a jury mean?

To argue that it is unrepresentative or biased.

What is the significance of R v Ford in jury selection?

The selection process is now randomized, and challenges cannot be made based on lack of multi-racial representation.

What is 'for cause' in jury selection?

Challenging the right of an individual to sit on the jury by pointing out a valid reason.

What can happen if a valid reason for a jury challenge is not provided?

The subsequent conviction could be squashed.

Who has the right to stand by jurors?

Only the prosecution can exercise this right.

What happens to jurors who have been stood by?

They are put at the end of the list.

Split function of jury

Jury determines facts, judge oversees trial.

Directed acquittal

Judge can direct jury to acquit if evidence is insufficient.

Jury deliberation

Jury aims for a unanimous verdict, deliberates privately.

Majority verdict

Happens after 2 hours without a verdict; for a 12 member jury, 10:2 or 11:1 is valid.

Jury foreman's role

Announces the count of agreeing and disagreeing in open court.

Criminal Justice Act

Makes it a criminal offence to solicit or disclose anything said or votes cast by jury.

Exception for disclosure

Allowed only in the interests of justice.

Jury's decision acceptance

Judge can accept jury's decision even if they disagree.

What are the advantages of juries?

Juries provide impartiality, ensuring that a diverse group of citizens evaluates the evidence and delivers a verdict, contributing to an open system of justice.

What are the disadvantages of juries?

The potential for premature decisions, emotional judgments influenced by life experiences, risks of jury tampering, and the fact that juries do not have to follow legal precedents.