Juries

Why does it matter to be found guilty by a jury and not a Judge?:

• Maga Carts 1215: a person should only be punished ‘pursuant to the lawful judgement of his equals’

• Bushell’s case. (1670): a trial Judge cannot order a guilty verdict.

• ‘Trial by jury is the lamp that shows freedom lives’ - Lord Devlin.

People involved in the courts: Judge’s

• The Judge is there to maintain order, but to explain the law to the jury and ensure the trial is fair.

• A Judge can declare there is no case to answer (the legal thresholds got the offence have not been met).

• Prior to the jury establishing guilty or not guilty - the Judge will sum up: the judge will re-explain the relevant law and relevant facts.

• The jury finds the defendantr guilty; the Judge will sentence by themselves (no input from the jury).

Juries

• Jury will listen to all evidence.

• The jury will be instructed by the judge as to what they need to be satisfied of for any offences. During summing up.

• The jury will then apply the facts as they see them to the law; the jury is entitled to reach any decision it likes.

Reaching a verdict

• Maximum of 12 people; minimum of 9.

• First aim: Unanimous verdict (everyone agrees).

• Criminal Justice Act 1967 allows:
  - 2 hours later, majority verdicts can be accepted by the judge.
  - 12 jurors require: 11-1 or 10-2.

R V Pigg (1983)

• The jury foreman must state in ordinary and plain language how many jurors are agrees on a verdict.

• The foreman must make it clear in to an ordinary oerson how the jury was divided.

Juror qualification

• Juries Act 1974 (as amended by the Criminal Justice Act 2003).

• Aged between 18-75.

• On the electoral register.

• Resident in the UK for at least 5 years from the age of 13.

Juror disqualification

• People who are on bail.

• In certain circumstances, those who have a custodial sentence. A person is disqualified if:
  - In the last 1- years, the person has:
  - Served a prison sentence.
  - Had a suspended sentence.
  - Had a community order.

• They do not understand English sufficently.

• They have a disability they prevents them from serving efficently.

Modern development

• Following S196 of the Police Crime and Sentencing Act 2022 deaf jurors may not sit in jury. They just require a translator that translates what is said in court into sign language.

Excusals and deferrals

• Excusals: A Judge allows you not to sit in a jury service.

• Deferrals: A Judge delays your jury service.

Potential reasons for excusals

• Prior to 2004, certain professionals could be excused, however the Criminal Justice Act 2003 abolished this right. However, people can now apply for excusals, but tbhis may be a valid reason, i.e:
  1) Illness.
  2) Disability.
  3) Hospital appointments.
  4) Having a young baby.
  5) Bring over 70.
  6) Business meetings that cannot be changed.

• Excusals for the armed forces is a bit different - Full time members of the armed forces can be excluded if their commanding officer certifies their absence from the force would be crucial to the efficenty of the service. This will then be deferred to a later date.

Judges and legal personel on juries

• Judges and legal personel can serve on juries providing:

• The fair minded observer, having considered the facts, would conclude there was not a real possibility of bias.

Lord Woolf’s guidance to judges on juries

• Judges serve as private citizens;

• Excusals are only granted in extreme circumstances;

• Judges should defer service if they have existing judicial commitments;

• If the jusge knows the presiding judge, or any other person in the case, they should raise this with the bailiff or a member of court staff;

• It’s up to the judge whether they tell the rest of the jury they’re a judge.

How juries are selected:

• Crown Court Official responsible for issuing summons summon enough jurors for a two-week period.

• It’s arranged for names to be selected randomly from the electoral register for the court area.

• More the 12 jurors are summoned (to account for excusaks and disqualification)

• All other summoned should attent courts (usually for 2 weeks) Jurors must stay for the whole process.

• Those not summoned must notify the court if they can’t/shouldn’t attend.

Jury Vetting

• Once a list if potential jurors is known, both the prosecution and defence can see the list. In some cases juror may be vetted to check for suitability. There are two types of vetting:
  1) DBS Checks: A background check that identifies any person who is disqualified.
  2) Authorised Jury checks (guidlines follow the ABC trial): checks jurors backgriund + political affiliations. Only possible if:

• The Attoeney general consents and

• The case if exceptional involving issues of national security with evidence likely to be given in camera (secret).

Challenging the Jury

• Jurors are usually allocated into groups of 15 at the court. The court clerk will select the 12 at random.

• Challenging to the array:

• S5 Juries Act 1974: challenging unrepresentative or bias juries (Romford Trial 1993 - 9 jurors from Romford; R V Fraser all white juries can be challenged, but R V Ford clarifies that a jury cannot be challenged just because it’s not multicultural.)

Challenging for cause

• 1) For some reason a juror cannot serve, i.e. disqualification or knowing a party in procedings - if this is not done convictions may end up being quashed (Example cases of this challenge: E V Wilson and R V Sprason).

The prosecutions right to stand by

• Only the prosecution can do this.

• The prosecution can put a juror to the back of the list, only to be used if there’s not enough jurors.

• The prosecution need not give reasons for doing this.

• However, the Attourney Generals guidelines make clear it should be done sparingly.

• Once any challenges are delat with, individual jurors swear an oath they will try D faithfully on the evidence, then the jury is empanelled and will start to hear the case.