Jury trial

What act governs modern jury use in the UK?

The Juries Act 1974

What historical document first enshrined the right to jury trial?

The Magna Carta (1215)

What is the role of a jury in a trial?

To act as arbiters of fact and give a verdict based on evidence presented in court.

What significant case established the independence of juries?

Bushell [1670]

What was the outcome of the R v McKenna [1960] case?

The conviction was quashed due to judicial interference.

What does 'jury equity' refer to?

The ability of juries to acquit defendants even when the law suggests a guilty verdict.

What are the age requirements for jury eligibility under the Juries Act 1974?

Aged 18 to 75.

What is one reason a person may be disqualified from serving on a jury?

Being mentally disordered.

What case involved a jury acquitting a defendant who leaked information during the Falklands War?

R v Ponting [1985]

What is the purpose of the Jury Central Summoning Bureau?

To manage the selection and summoning of jurors.

What does s.5 of the Juries Act 1974 allow for?

Challenge to the array (whole jury).

What is the significance of the case R v Owen [1991]?

The jury acquitted a defendant despite clear evidence of guilt, showcasing jury equity.

What does the term 'habeas corpus' mean?

An action requiring a person detained by authorities to be brought before a court.

What was the previous property qualification for jury service before 1972?

Property ownership over a specific value.

What did the Mental Health (Discrimination) Act 2013 change regarding jury eligibility?

It removed the blanket ban on those undergoing treatment for mental health conditions.

What is a challenge for cause in jury selection?

A challenge to an individual juror based on specific reasons.

What is the role of judges in relation to juries?

Judges can direct juries on the law but cannot influence their verdict.

What does s.321 of the Criminal Justice Act 2003 address?

Excusals and deferrals for jury service.

What is the maximum depth of the jury's deliberation time in R v McKenna [1960] before interference?

More than 2 hours.

What is the significance of the case R v Fraser [1987]?

It involved a challenge to the jury array under s.5 of the Juries Act 1974.

What is a 'stand by for the Crown' in jury selection?

A procedure allowing the Crown to set aside an individual juror.

What are the two main types of challenges to jurors?

Challenge to the array and challenge for cause.

What does s.17 of the Juries Act 1974 pertain to?

The verdict delivered by the jury.

What is the main aim of jury trials according to Lord Devlin?

To serve as a symbol of freedom and justice.

What is the role of jury vetting?

To conduct background checks on potential jurors.

What is the significance of the case R v Aubrey, Berry and Campbell [1978]?

It involved a background check during jury vetting.

What does the term 'disqualification' refer to in jury eligibility?

Conditions under which a person is not allowed to serve on a jury.

What is one of the advantages of jury trials?

They reflect public conscience and community values.

What is one of the disadvantages of jury trials?

They can be influenced by emotions and biases.

What is the significance of the blanket ban on jury service?

It failed to distinguish between those receiving treatment for mild depression and those sectioned in a hospital.

Who are ineligible for jury service?

Individuals under guardianship, detained in a hospital, or determined by a judge as incapable of managing their own affairs.

What constitutes permanent disqualification from jury service?

A life sentence or a term of imprisonment/youth detention of 5+ years.

What disqualifies a person from jury service for 10 years?

Serving a sentence of imprisonment (less than 5 years), a suspended sentence, a community order, or certain offences under the Juries Act 1974.

What happens if a disqualified person fails to disclose their status?

They may be fined an unlimited amount.

Who can be excused from jury service according to the Criminal Justice Act 2003?

Only full-time serving members of the armed forces with certification from their commanding officer.

What are valid reasons for requesting a deferral from jury service?

Business appointments, illness, disability, examinations, parenting, or weddings.

What is the normal expectation for those summoned for jury service?

Everyone summoned is expected to serve at the time for which they are summoned.

What is the consequence of not attending jury service?

Failure to attend may result in a fine of up to £1000.

What change did the s.9C Juries Act 1974 introduce regarding disabled jurors?

It allows judges to appoint sign language interpreters for deaf jurors.

What is the role of the Jury Central Summoning Bureau?

To select names at random from the electoral register to summon jurors.

What happens if not enough jurors show up for a trial?

The Court Clerk can go out into the street to pick people at random.

What was the criticism regarding judges, police, and lawyers serving as jurors?

Concerns about potential bias affecting jury decisions.

What did Sir Robin Auld state regarding bias among jurors?

The risk of bias is no greater for professionals than for any other member of the public.

What is the definition of lack of capacity in the context of jury service?

Inability to understand English, blindness, or deafness that affects the ability to judge credibility.

What does the Disability Discrimination Act require regarding jury service?

Public service providers must make reasonable adjustments for disabled individuals.

What was the previous issue faced by a deaf individual wishing to serve on a jury?

They were prevented from serving due to the presence of a sign language interpreter being prohibited.

What is the purpose of the jury selection process?

To ensure a sufficient number of jurors are available for trials.

What is a discretionary excusal in jury service?

A request to be excused from jury service that is rarely granted.

What is the maximum fine for failing to attend jury service?

£1000.

What does the term 'disqualified for 10 years' refer to?

Individuals who have served a sentence of imprisonment of less than 5 years or have other specific convictions.

What is the role of the court clerk during jury selection?

To randomly select 12 jurors from a group of 15 before the trial begins.

What is the legal basis for summoning jurors?

Names are selected randomly from the electoral register.

What is the significance of the Auld Review 2001?

It addressed concerns about bias in juries and supported the inclusion of a broader range of jurors.

What are the implications of the Criminal Justice Act 2003 on jury service?

It abolished previous disqualifications for those involved in the administration of justice.

What is the purpose of the questionnaire sent with jury summons?

To confirm the eligibility of potential jurors.

What is the consequence for jurors found under the influence of drugs or alcohol?

They may be deemed unfit for service and face fines.

What does s.6 (1) of the Juries Act 1974 allow the court to do?

It allows the court to summon additional persons for jury service if the jury is incomplete.

What must be done with the names of persons summoned under s.6 (2) of the Juries Act 1974?

Their names must be added to the jury panel as if they were included from the beginning.

What is jury vetting?

The process where both prosecution and defense can check the list of potential jurors for suitability.

What are the two types of authorized vetting for jurors?

Police criminal record checks and background checks.

What was the significance of the case Brownlow [1980] regarding jury vetting?

It highlighted concerns over privacy as the judge deemed vetting a serious invasion of privacy.

What did the case R v Mason [1980] conclude about vetting?

It supported the necessity of vetting to prevent disqualified individuals from serving on juries.

In what circumstances can background checks on jurors be conducted?

In exceptional cases, such as those involving terrorism or national security.

What must the Attorney General do regarding background checks for jurors?

The Attorney General must give permission for background checks to take place.

What are the arguments for jury vetting?

It can promote impartiality and protect national security by excluding biased jurors.

What are the arguments against jury vetting?

It infringes on privacy rights and is not sanctioned by legislation.

What is a challenge to the array?

A challenge to the entire jury on the basis that it is unrepresentative or biased.

What does s.5 of the Juries Act 1974 permit?

It permits the entire jury to be challenged if it is deemed unrepresentative.

What is a challenge for cause?

A challenge to an individual juror based on disqualification, bias, or personal connections.

What was the outcome of R v Wilson; R v Sprason [1995]?

The court quashed convictions due to a juror's connection to a prison officer involved in the case.

What does 'stand by for the Crown' mean?

It means a juror is put to the end of the list and not used unless there are not enough jurors.

What can lead to the discharge of a jury?

A judge can discharge jurors to prevent the perversion of justice or if jurors cannot perform their role.

What was emphasized in Gregory v UK [1997] regarding jury conduct?

The importance of jurors deciding cases solely based on evidence, free from prejudice.

What was the case R v Pryce [2013] about?

It involved a trial for perverting the course of justice due to a juror's inability to perform their role.

What is the primary duty of a jury in a trial?

To weigh up the evidence, decide the true facts of the case, apply the law, and reach a verdict.

In which courts are juries typically used?

Crown Court, High Court, County Court, and Coroners' Court.

What percentage of criminal cases are tried by jury?

About 1%.

What is the dual role of juries in civil cases?

To decide liability and the quantum of damages to be paid.

What legislation governs the use of juries in civil cases?

s.69 Supreme Court Act 1981 and s.66 County Courts Act 1984.

What case established that exceptional circumstances are required for jury trials in personal injury cases?

Ward v James [1966].

What does the term 'perverting the course of justice' refer to?

The act of interfering with the legal process, such as providing false information to law enforcement.

What was the outcome of Vicky Pryce's trial?

She was convicted and sentenced to 8 months in prison, serving 4 months.

What is the significance of the case R v Twomey [2009]?

It was the first criminal case in nearly 400 years to be tried without a jury due to jury tampering.

What does a unanimous verdict mean?

All jurors must agree on the verdict.

What is a majority verdict?

A verdict that can be accepted even if not all jurors agree, introduced by s.17 Juries Act 1974.

What happens if a jury fails to reach a verdict?

The jury may be discharged and a retrial may be ordered.

What is the role of the judge in a jury trial?

To preside over the trial, decide points of law, and sum up the case for the jury.

What is the standard of proof required for a guilty verdict?

Beyond reasonable doubt.

What is the significance of the Hillsborough disaster in relation to jury trials?

It involved a jury deciding that 96 victims had been unlawfully killed.

What is the purpose of a Coroners' Court?

To investigate unnatural or violent deaths and determine material facts.

What does the term 'arbiter of fact' refer to?

The jury, who determine the facts of the case.

What does the term 'arbiter of law' refer to?

The judge, who decides legal principles and procedural issues.

What is the legal consequence of a not guilty verdict?

It secures the defendant's acquittal.

What is the significance of the case R v JSM [2010]?

It confirmed that trial without a jury is not a breach of the right to a fair trial under Article 6 ECHR.

What can happen if jurors misunderstand their role?

They may be discharged, as seen in the case of Vicky Pryce.

What is the role of the jury in a Coroners' Court?

To determine the facts surrounding certain deaths, particularly those deemed unnatural.

What is the impact of the Defamation Act 2013 on jury trials?

It removed the right to a jury trial in defamation cases.

What is the significance of the case H v MoD [1991]?

It ruled that a negligent medical treatment case was not deemed 'exceptional' enough for a jury trial.

What does 'trial by judge alone' mean?

A trial conducted without a jury, permitted under certain circumstances like jury tampering.

What is the role of jurors during deliberation?

To discuss the evidence and reach a verdict based on their understanding of the case.