Jurors and magistrates

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  • Jurors
    • Juries Act ‘74 sets out who is not qualified to sit on a jury
      • Received a life sentence or 5+yrs imprisonment. For 10 yrs- imprisonment, suspended sentence, community sentence in last 10 yrs, on bail
    • Ineligible- mental disorders: receiving ongoing and regular treatment, residing in a medical institution, lack of mental capacity, in guardianship under mental health act ‘83
    • Excusal- full time member of forces if certified by commanding officer
    • Deferral- put to later date e.g. pregnancy due date
    • Lack of capacity- to cope e.g. sufficient English, deaf
    • Judges, police, CPS unable to be jurors before 2003- easily able to convince others, know people involved
      • Guidance for judges- cant correct guidance given by judge in case, if they know judge presiding/another person involved must disclose to baliff
    • Selection before trial- CC- official summon enough jurors, try cases heard in 2 week period, selected ta random from electoral register, from area court covers, common more than 12, must respond in 7 days or receive fine of £1k
    • Jury vetting- police checks-R V Mason. Juror’s background- only in exceptional cases e.g. national security
    • Challenge of the jury- by prosecution- stand by (end of list), defence or prosecution- challenge for cause(valid reason), challenge to the array
    • Role of the jury- sworn in, trial, judge sums up, retire to jury room, elect a foreman
    • Independence of jury- Bushell- cant penalise different view to judge. McKenna- cant give time limit. Wang- cant direct jury to guilt veridict
    • Contempt of court- discuss case out of court, contact D, do own research. CJCA 2015- max sentence 2 yrs


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