HideShow resource information
  • Created by: lilbarc
  • Created on: 25-09-15 14:05
What are juries?
Independant assesors and deciders of facts in legal cases
1 of 64
What was the first legislation that recognised the right for a defendant to be trailed by a jury?
Magna Carter 1215
2 of 64
What were Juries originally used for?
providing local knowledge and information
3 of 64
When did juries assume their modern role as deciders of fact?
By the middle of the 15th century
4 of 64
What do we mean that juries are independent?
Free from any outside influence or pressure
5 of 64
In what case was the independence of the jury established?
Bushells Case 1670
6 of 64
What happenened in Bushells Case 1670?
The judge disagreed with the verdict
7 of 64
What is the name of the more modern case that affirmed the jury independence?
R v McKenna 1960
8 of 64
What was happened in R v McKenna 1960?
The judge told a jury that they had 10 minutes to make a decision otherwise theyd be locked up all night
9 of 64
What is meant that the conviction is quashed?
Defendant is left off from the offence.
10 of 64
What are the two legal authorities we need to be able to include in exam questions?
Acts of legislation and cases
11 of 64
What are the three types of cases juries are used for?
Criminal, civil and coroners
12 of 64
Which Court hears criminal cases with juries?
13 of 64
Which Courts hear civil cases with juries?
County court or high court
14 of 64
What are three features of criminal juries?
12 members, must reach unanimous or majority (11-1 or 10-2) decision and the discussions are held in secret
15 of 64
Where are the powers of Corners' juries contained?
Coroners and Justice Act 2009
16 of 64
What is the dual function of civil juries?
To decide verdict and damages
17 of 64
What does qualification mean?
What people have to be or do in order to complete their jury service
18 of 64
What are the 4 qualifications?
Aged 18-70, on electoral register, resident of the UK for at least 5 years since the age of 13, and not disqualified
19 of 64
What act are the qualifications now contained in?
The Juries Act 1974 and ammended by the Criminal Justice Act 2003
20 of 64
What was a qualification before the Morris Committee report?
Being the owner or tenant of a property
21 of 64
What did the CJA 1972 do?
Extended the qualification to all those who had the right to vote
22 of 64
What does disqualification mean?
Circumstances that will prevent people from sitting on a Jury
23 of 64
Who are disqualified permanently?
People who have had a serious criminal conviction - been in prison for over 5 years
24 of 64
Who are disqualified for 10 years?
Those who have been in prison for under 5 years
25 of 64
Who else may be disqualified?
people on bail and people who are mentally disordered under the Criminal Justice Act 2003
26 of 64
What is a mentally disordered person?
someone getting regular medication or living in an institution
27 of 64
What is an excusal?
People that have a choice not to be a juror
28 of 64
How many types of excusals are there?
Two - normal excusal and discredtionary excusal
29 of 64
Who can be excused?
Those who have served on a jury during the past 2 years, MPs and MEPs, Certain members of the medical profession, Those whose religious beliefs are incompatible with jury service
30 of 64
What is a discretionary excusal?
The court has the right to decide if a person can be excused from their jury service
31 of 64
Who may be granted a discretionary excusal?
pre booked holiday, business appointments, exams, new mothers, members of medical profession or those who work in the criminal justice system
32 of 64
Were judges and police allowed to be on a jury before the Criminal Justice Act 2003?
33 of 64
What did the CJA 2003 do (police and judges on juries)?
It allowed judges, lawyers and policemen to be on juries
34 of 64
Does the case of Abdroikof allow police to be a juror?
35 of 64
Does the case of McCarthy allow police to be a juror?
36 of 64
What does the case of Hanif v UK say?
European Court of Human Rights rued that having a police officer on the jury was a breach of Article 6- the right to a fair trial as there would be a possibility for police officers to be biased.
37 of 64
What should the UK do as a result of the decision in Hanif?
Change its laws so that police and laywers cannot be jurors
38 of 64
(loc) What can a judge do at the trial?
Dismiss a juror due to lack of capacity
39 of 64
Why can a judge dismiss a juror due to lack of capacity of...? (2 reasons)
s10 of Juries act - can't speak english or s9 of the Juries Act - have a disability
40 of 64
Give an example of a disability that would make someone unsuitable for jury service?
Blindness or deafness
41 of 64
What does s9B of the Juries Act 1974 make clear?
That having a disability isn't nessecarily and immediate ban on jury service
42 of 64
Why are deaf jurors discharged from being a juror?
Because an interpretor could add bias into the courtroom, and would also make the total of people on the jury 13, not 12
43 of 64
Since when have juries been selected by a central computer?
September 2000
44 of 64
What is the name of the body responsible for summoning jurors?
Jury Central Summoning Bureau
45 of 64
What is the role of the official?
To make sure the crown court has enough jurors for cases over the following 2 weeks
46 of 64
Do those summoned have to attend?
Yes, they will be fined if not
47 of 64
What does ‘vetting’ mean?
48 of 64
Who has a right to see a list of potential jurors?
The prosecution and the defense
49 of 64
What the two types of vetting?
Routine police checks and wider background checks
50 of 64
What cases discussed if routine police checks can be made on jurors? Which one shall we follow?
Brownlow (1980) and R v Mason (1980). We should follow R v Mason
51 of 64
When can wider background checks be made?
in cases of national security or terrorist cases and with the Attorney-General’s consent
52 of 64
When and why were the AG Guidelines introduced?
The Attorney-General’s guidelines were issued in 1988 following the ABC ‘government secrets’ trial where deeper background checks of the jury were made to check political affiliations
53 of 64
How many jurors are usually taken into a Court room? How many are then chosen?
15, then 12 chosem
54 of 64
In what two ways can the prosecution or defence challenge jurors?
To the array or for cause
55 of 64
What challenge is only allowed for the prosecution?
Right to stand by
56 of 64
What does challenge ‘to the array’ mean and what section of legislation is this right contained in?
To challenge the whole jury. Section 5 of the Juries Act 1974
57 of 64
What do the cases of Boderick and Ford illustrate?
That there are no grounds for a challenge to the array if there is only one gender or ethnicity represented in a whole jury
58 of 64
What case is an example of a successful challenge to the array?
Romford - jurors in the same street
59 of 64
What does challenge ‘for cause’ mean?
To challenge one juror
60 of 64
Is challenge for cause used often? Why?
No because the reasoning has to be obvious and no questioning of jurors is allowed before the trial
61 of 64
What case illustrates the need to allow a challenge for the cause?
R v Wilson and R v Sprason 1995
62 of 64
What is the prosecution right to stand by a juror?
allows them to ask a juror to be left until the end of the list of potential jurors so they will only be used if there is not enough other jurors.
63 of 64
What do the AG Guidelines in 1988 make clear?
Right to stand by a juror is a power that should only be used rarely
64 of 64

Other cards in this set

Card 2


What was the first legislation that recognised the right for a defendant to be trailed by a jury?


Magna Carter 1215

Card 3


What were Juries originally used for?


Preview of the front of card 3

Card 4


When did juries assume their modern role as deciders of fact?


Preview of the front of card 4

Card 5


What do we mean that juries are independent?


Preview of the front of card 5
View more cards


No comments have yet been made

Similar Law resources:

See all Law resources »See all The Criminal courts and lay people resources »