Juries
- Created by: Ellie504
- Created on: 16-05-16 19:55
View mindmap
- Juries
- History
- Juries are made up of lay people that decides the verdict of a trial based on the facts presented.
- Magna Carta 1215 was the first consideration of trial by peers
- Bushells Case 1670 - established the independence of the jury.
- R v McKenna - reaffirms the principle from Bushell's Case
- Lord Devlin - Juries are the lamp that shows that freedom lives.
- Upholds Article 6 - Right to a Fair Trial
- Current legislation presiding over the jury is the Juries Act of 1974, reaffirmed in Criminal Justice Act 2003
- Qualification
- 18-70
- On the Electoral Roll
- Lived in the UK for 5 or more years since 13
- Disquals
- Criminal conviction or sentence for over 5 years = for life
- Under 5 years = diqual for 10
- Whilst on Bail
- Lack of Capacity
- S.9 Juries Act 1974 - Disability - Deaf, Blind.
- S.41 of the Criminal Justice and Public Order Act 1994 allows a judge to dismiss if there are any doubts about these.
- S.10 Juries Act 1974 - Lack of understanding of English
- S.41 of the Criminal Justice and Public Order Act 1994 allows a judge to dismiss if there are any doubts about these.
- S.9 Juries Act 1974 - Disability - Deaf, Blind.
- Excusals
- If served on jury before in previous 2 years. If over 65, If in a certain profession or role.
- Discretionary - if prebooked holiday, exams, pregnancy etc. Likely to be deferred for 12 months.
- Criminal conviction or sentence for over 5 years = for life
- Selection
- Jury Central Summoning Bureau since 2000. Centralised computer system which is completely random. Means people may never get called or may get called more than once.
- Crown Court officials then take on the workload in each individual court.
- Jury Central Summoning Bureau since 2000. Centralised computer system which is completely random. Means people may never get called or may get called more than once.
- Vetting
- ABC Trial - wider background checks
- Questioned if this breached Right to Privacy - but allowed as it prevents further crime.
- R v Mason - routine police checks.
- Questioned if this breached Right to Privacy - but allowed as it prevents further crime.
- ABC Trial - wider background checks
- Challenges
- Challenge to the Affray
- R v Ford
- Challenge for the cause
- R v Wilson and R v Sprayson
- Right to Stand by
- AG Guidelines
- Challenge to the Affray
- History
Comments
No comments have yet been made