Juries

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When can the right to trial by jury be traced back to?
The Magna Carta 1215
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What are some things that you have to have to qualify for a jury service?
Aged between 18 and 75
Registered on the electoral
Lived in the UK for at least 5 years since the age of 13
Not suffering from a mental disorder
Not disqualified
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What does it mean to be disqualified?
people with certain criminal convictions

those currently on bail in criminal proceedings
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What are excusals?
Prior to the criminal justice act certain people were excused as a right, included anyone aged 65-70 and anyone who did jury service in the last 2 years.
Now all excusals are at the discretion of the judge and must put forward good reasons.
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What does the criminal justice act 2003 make it possible to do?
made it possible for members of the legal profession and even judges to serve on a jury
prior to this they were ineligible
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What does discharge by the judge mean?
jurors may be discharged by the judge for lack of capacity under different acts
This covers physical and mental disabilities and language difficulties
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What are some points on summoning jurors?
random selection by computer from elector roll
summons sent 150 people per court every 2 weeks
15 jurors go to the court room then asked if they know the defendant or the witness if not the first 12 are taken
Jurors can be challenged and asked to stand d
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What is the two types of jury vetting?
the checking of criminal records for convictions
the checking of Special Branch and Security Services records in cases involving national security and terrorist cases
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What are the challenges that can be used by the prosecution?
Challenge to the array
Challenge for the cause
Stand by for the Crown
Peremptory challenge - no longer available
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What is challenging the array?
The defence and prosecution have the right to challenge the whole jury on the basis that it has been chosen in an unrepresentative or baised way under the s.12 juries act 1974
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What is challenging for cause?
The defendant and prosecution have the right to challenge individual jurors where they can provide a just cause for them not serving
like a juror is not qualified to serve, juror knows the defendant or witnesses
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What does it mean to stand by for the crown?
The prosecution may ask any number of jurors to stand by with out giving reason

Person asked to standby is put to the back of the list so that they will not serve unless there are insufficient numbers to make up a full panel
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What is peremptory challenge?
Until 1988 the defence could challenge up to seven jurors without giving any reason, this was then reduced to three and then abolished altogether
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What is the role of the jury?
In criminal cases, jury decide if the defendant is guilty or not in the Crown Court
In exceptional cases, where there is a real and present danger of jury nobbling the right to trial by jury can now be denied under the Criminal Justice Act 2003
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What is the role of the jury in criminal trials?
Jury members asked to swear they will give a true verdict according to the evidence
Jury will hear the opening speech of the prosecution
Will be followed by evidence in chief of the prosecution witnesses
Defence will cross examine each of the prosecution
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What happens with the role of the jury when it comes to the defence?
Process will be repeated for the defence
Jury decides which witnesses they believe and which version of events is the most credible
Will listen to the closing speeches of the defence and prosecution
Judge will direct them on point of law and sum up the ev
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What happens during the judges summing up?
Judges are to remain neutral, giving equal weight to both prosecution and defence
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What happens in the deliberation?
After hearing the evidence, speeches and summing up during taken to deliberation room anything discussed is protected by law
the room is guarded by a court officer, no one is allowed to enter or leave without permission, jury must stop discussing the case
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What happens when reaching a verdict?
Jury elects foreperson to chair discussions
Jury are initially told to reach a unanimous verdict
After reasonable time judge will call them back and state he will accept a majority verdict
Foreperson deliver the verdict on each count in open court
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What is a majority verdict?
In a case where there are no less than eleven jurors, ten of them agree on the verdict
in case where there are then jurors nine of them agree on the verdict
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What happens when there is a failure to reach an agreement?
If jury can not get 10 members to agree with the verdict, known as a hung jury
Defendant will not be re tried with a new jury
If second trial also results in a hung jury the defendant will not be tried a third time
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What happens after the verdict?
Once verdict delivered the jurys role for the trial is complete
If found guilty it then falls to judge to pass sentence
If found not guilty defendant is free and can not be tried for the same crime unless there exists exceptional circumstances
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What does double jeopardy mean?
Generally a person can be tried for the same crime once the have been found not guilty by a jury but its subject to two exceptions:
-where there is evidence of jury nobbling
-under CJA 2003 where there is new and compelling evidence in serious crimes and
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Card 2

Front

What are some things that you have to have to qualify for a jury service?

Back

Aged between 18 and 75
Registered on the electoral
Lived in the UK for at least 5 years since the age of 13
Not suffering from a mental disorder
Not disqualified

Card 3

Front

What does it mean to be disqualified?

Back

Preview of the front of card 3

Card 4

Front

What are excusals?

Back

Preview of the front of card 4

Card 5

Front

What does the criminal justice act 2003 make it possible to do?

Back

Preview of the front of card 5
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