Juries

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  • Created by: meg123211
  • Created on: 09-02-17 09:37

Qualification of Jurors

  • 18-70
  • on electoral register
  • resident in UK for at least 5 yrs since 13th birthday
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Excluded from jury service

EXCLUDED PERMANENTLY:

  • imprisoned for life
  • imprisoned for protection of the public
  • serving an extended sentence
  • serving a term of imprisonment of 5yrs or more.
  • at any time in the last 10 years: served a prison sentence, had a suspended prison sentence, had a community order or on bail. 

Criminal Justice Act 2003- ineligable if suffering from a mental illness.

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Deferral

The service can be postponed:

  • if already served in the last 2 years
  • new mothers
  • exams
  • pre-booked holidays
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Selection of Jurors

  • names picked at random from electoral register bt Central Jury Summoning Bureau
  • 20 of these are chosen randomly by jury usher
  • 'jury in waiting' told name of D
  • if they know him/her they return to the jury pool
  • at court, final random selection and 12 are chose
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Jury vetting

Vetting:

  • prosecution and D see list of jurors, may decide to vet the list
  • R v Mason (1980)- police can lawfully check criminal backgrounds of potential jurors- criminal offence to serve if unqualified.
  • process of jury vetting is done by the prosecution with written permission of the Attorney General
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Jury challenging

Challenging a juror:

  • prosecution can use 'Stand by for the Crown' without giving reason.--- this is only used to remove a 'manifestly unsuitable juror/to remove a juror in a terrorist trial where vetting has been authorised. Names moved to the bottom of the list.
  • defence can challenge 'for cause'- challenge individual juror, valid reason must be given (R V Wilson (1995).
  • both prosecution and defence may challenge the whole jury- challenge 'to the array'- jury challeneged if unrepresentative (R V Fraser (1987)- D was of ethnic minority with all white jury, just empanelled another jury.
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Role of jury in criminal trial

  • used in all criminal cases tried in Crown Court (where D pleads not guilty)
  • weigh up evidence
  • decide true facts of the case
  • judge directs them to relevant law- jury apply that law to the facts and reach verdict
  • partnership between judge ('master of the law') and the jury ('master of the facts').
  • jury have sole responsibility for determining guilt
  • in courtroom- jury listen to evidence and take notes and can question witnesses through judge
  • in private jury room- jury choose foreperson (present verdict)
  • not returned with unanimous verdict after 2 hrs- judge recall and advise a majority verdict
  • Crim. Justice Act (1967)- majority verdicts are possible (10:2)
  • discussion in jury room are secret
  • under Contempt of Court Act 1981- jurors who reveal info about a case risk imprisonment
  • return to courtroom-foreperson announces verdict
  • jury have no role in sentencing
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