Juries

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  • Created by: Ellie504
  • Created on: 16-05-16 19:55
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  • 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.
        • 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.
    • 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.
    • 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.
    • 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

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