Juries Important but not used often Used in

Juries

Important but not used often… • Used in less that 1% of criminal trials • Over 70% of Ds plead guilty • Over 96% of criminal trials are in MC

Jurors - General • Nearly 500, 000 summoned every year • Normally for 2 weeks but if trial is lengthy, service will continue until end of trial • If person doesn’t respond to summons, fails to attend without good reason, or is unfit through drink or drugs, can be prosecuted • Can be summoned more than once but rare • 12 jurors on each trial • Unpaid except for expenses and some compensation for loss of earnings

Qualifications • Juries Act 1974, as amended by Criminal Justice Act 1988 – potential jury members must be: – Between 18 and 70 – On the electoral register – Resident in the UK, Channel Islands or Isle of Man for at least 5 years since the age of 13 • Some are excluded or excused

Exclusions • Disqualification – Criminal Justice Act 2003: – Have a criminal conviction and have received a custodial or community sentence within the last 10 years – Imprisonment for 5/more years – life-time disqualification – Offenders on bail • Ineligibility – Criminal Justice Act 2003 – those suffering from a mental illness who are resident in hospital or have regular treatments by medical practitioner

Excusals • Excusals as of right – Now only those aged 65 -70. – Clergymen, lawyers, police officers, judges can all be jurors • Excusals at the court’s discretion – Limited understanding of English, students doing public examinations, parents with childcare commitments or problems, people with prior commitments e. g. booked holidays – may be excused – Likely to be deferred rather than cancelled – Full-time members of armed forces may be excused if commanding officer certifies that their absence from duty would be prejudicial to efficiency of service – Those who have served in the last 2 years – MPs

Selection • Jury Summoning Officer arranges for potential jurors’ names to be picked at random from the electoral register by the Central Jury Summoning Body • At court, 20 are chosen randomly by the Jury Usher for a particular trial – they are the “jury in waiting” • They are told the name of D and asked if they know him/her – if they do they leave the courtroom and return to the jury pool to be used for another trial • Final random selection process takes place and 12 jurors selected for a jury

Jury Challenging • Rare to challenge a jury but 3 main ways it can occur: 1. “Stand by for the Crown” – used by Prosecution. Don’t need to give a reason but only used to remove a “manifestly unsuitable” juror or to remove a juror in a terrorist/security trial where jury vetting has been authorised 2. “For Cause” – used by Defence – usually used when a juror is personally known by D. Can’t be used on grounds of race, religion, political beliefs or occupation 3. “Challenge to the array” – can be used by both parties to challenge the whole jury panel – on the grounds that the Summoning Officer is biased or has acted improperly. Happens very rarely

Jury Vetting • Conducted by Prosecution with the written permission of the Attorney General • Involves checking the list of potential jurors to see if anyone appears “unsuitable” • Only justifiable in exceptional circumstances e. g. cases involving terrorism, the Official Secrets Acts and “professional” criminals

Role of the Jury - general • Used in all Crown Court cases where D pleads not guilty • Weigh up the evidence and decide what the true facts of the case are • Judge directs them as to what the relevant law is and they must apply that law to the facts that they have found and reach a verdict • Partnership – Judge acts as “master of the law” and jury acts as “master of the facts”. • Jury has sole responsibility for determining guilt

Role of Jury – during the hearing • Listen to evidence. May take notes. Have the opportunity to question witnesses through the judge • At the end of the case for the defence and after closing speeches of counsel, judge summarises the evidence and directs the jury on relevant legal issues. • In complicated cases, judge also provides a structured set of questions to assist the jury in its deliberations

Role of Jury - Deliberation • After the hearing, jury go to a private room • No access to mobile phones/computers • They choose a foreperson amongst them to present the verdict • They try to reach a unanimous verdict • If they jury does not return with a unanimous verdict after a minimum period of 2 hours and 10 minutes, judge may recall it and advise that a majority verdict may be made • Criminal Justice Act 1967 – majority verdicts of at least 10 out of 12 agreeing are allowed • Discussions in jury room are secret • Contempt of Court Act 1981 – jury members who reveal information about what went on in jury room risk imprisonment • Jury returns to courtroom and foreperson announces verdict • Jury has no role in sentencing – that is the job of the judge