(1) aged 18-70 (2) registered to vote (3) UK resident 5 yrs min since age 13 (4) not disqualified/ excused
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How is a jury selected?
at random, every fortnight, from electoral registers for court area, by central office
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Disqualifications of a juror (5)
(1) convicted of serious offence= life (2) lesser offences= 5-10 years (3) on bail (4) mental illness (5) armed forced, commanding officer certifies
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Reasons to be "excused"
service deferred for "good reason", application to JCSB
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JCSB
Jury Central Summoning Bureau
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Selection Procedure (when at court)
15 chosen at random from JURY POOL // 12 chosen at random in court by CLERK // rest may sit at back in long, complex trials
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Challenging (for jurors) in court
(1) to the array (2) for cause (3) prosecution's right to stand by (4) often a result of VETTING
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Challenge to the array
by pros/ defence // way jury selected
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Challenge for cause
by pros/ defence // connection or incapacity
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Prosecution's right to stand by
Standing by juror
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what happens if a disqualified juror turns up for service anyway?
£5,000 fine
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how often are juries used in CRIMINAL cases?
in approx 1% criminal cases
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How often are juries used in CIVIL cases?
VERY RARE: averages 10 or fewer cases per year // mainly DEFAMATION cases in High Court
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What is a majority decision?
10:2 if necessary
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Role in criminal cases (4)
(1) decides guilt (2) listen to evidence& summed up by judge (3) decide Qs of fact, judge decides Qs of law (4) end= retire to jury room, unanimous decision- don't have to give reasons
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Juries in CIVIL cases (
(1) may be refused if judge thinks case is TOO COMPLEX (2) PI cases in exceptional circumstances (3) decide guilt, assess damages
PI case in HIGH COURT // no juries used in such a case since then
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Advantages of Juries (5)
(1) public confidence (2) fair: no prejudice (3) Jury equity (4) democracy (5) lawyers explain case clearly- more accessible for public
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Lord Devlin quote on Juries
"the lamp that freedom lives"
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Define "Jury Equity"
Can apply own idea of fairness, essentially ignoring the law
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Ponting / Kronlid
"Jury Equity" cases
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Disadvantages of Juries (5)
(1) too many excusals- may be more competent (2) no selection standards- education? (3) 10% jurors find it difficult to understand (4) media influence (5) can't tell if reasoned decision
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R v Taylor
media influence in jury case
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Young's case
can't tell if reasoned decision has been met // needed retrial
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Contempt of Court Act (CCA) 1981
secrecy of jury room
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Reasons for SECRECY (3)
(1) free from outside pressure (2) more willing to serve- possible repercussions (3) jury equity
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Reasons NOT to have SECRECY (
(1) Difficult to appeal (2) can't disclose, solicit or obtain info about jury room (3) events must happen OUTSIDE of jury room otherwise RETRIALS not possible
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Ouija Board Case
difficult to appeal // needed retrial
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Other cards in this set
Card 2
Front
qualifications & selection procedure: as amended
Back
Criminal Justice Act (CJA) 2003
Card 3
Front
(1) aged 18-70 (2) registered to vote (3) UK resident 5 yrs min since age 13 (4) not disqualified/ excused
Back
Card 4
Front
at random, every fortnight, from electoral registers for court area, by central office
Back
Card 5
Front
(1) convicted of serious offence= life (2) lesser offences= 5-10 years (3) on bail (4) mental illness (5) armed forced, commanding officer certifies
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