The Jury Unit 1 The English and Welsh

The Jury Unit 1: The English and Welsh Legal System Criminal Process

Objectives You will be able to : • Explain the history of jury trial • Explain jury selection • Describe the role of the jury within the criminal justice system • Explain the role of the civil jury • Critically evaluate jury trial and suggest reforms and alternatives • Apply your knowledge of juries to given case studies.

The Jury In small groups consider the following questions: 1. 2. 3. 4. 5. 6. 7. 8. When did jury trial begin? What went before jury trial? How many sit on a jury? What courts do they sit in? What type of cases are they involved in? How many cases are they involved in? What qualifications do you need to sit on a jury? What is their role?

History of Jury Trial • 1066 – TRIAL BY ORDEAL • 12 th century – Trial by peers • 1670 – BUSHELL’S CASE • R v Wang ( 2005)

When are Juries Used? • Criminal cases – either way offences, indictable offences- Crown Court – 1% = 30, 000 cases • Decide whether the defendant is guilty or not guilty beyond reasonable doubt • Criminal Justice Act 2003 allows for trial by judge alone if there has been or is a risk of jury tampering – R v Twomey (2009) • Unanimous and majority verdicts.

The Civil Jury • Civil Jury - less than 1% • Decide for or against the claimant and, in some cases, the award of damages Supreme Court Act 1981 qualified right to jury trial • Malicious prosecution • False imprisonment • Fraud Defamation Act 2011 removed defamation cases from jury trial.

The Coroner’s Court • • A jury of between seven and eleven members may be used to enquire into deaths. • a) There is reason to suspect that the deceased died while in custody and that either: The Coroners and Justice Act 2009 has provisions for changes to the use of juries in Coroners’ Courts. Under this a jury will be used only if: i. the death was a violent or unnatural one, or ii. the cause of death is unknown • • b) The death resulted from an act or omission of a police office c) The death was caused by a notifiable accident, poisoning or disease. The coroner will commonly direct the jury as to which verdicts are available in a particular case. Example – Hillsborough.

History of Jury Trial • Juries Act 1974 – Jury Qualifications • Criminal Justice Act 2003 – new provisions – jury qualifications • Jury tampering , complex long cases – judge alone • Criminal Justice and Courts Act 2015 proposes to extend age limit to 75.

The Jury • Jury selection - Central summoning Bureau • Jury challenging - for cause & stand by – R v Andrews(1998) • Discharging the jury -Gregory v UK ( 1997).

Qualifications Eligible Aged 18 -70 (though the Criminal Justice and Courts Act 2015 proposes to extend this to 75 Registered on the electoral register Resident in the UK, Channel Islands, Isle of Man for at least 5 years since the age of 13 Not disqualified Deferral Anyone can apply to defer their jury duty. Reasons for deferral include examinations, having a holiday booked, wedding, surgery, etc. Jury duty can be deferred once and must be retaken within a 12 month period of the deferral Disqualification Persons on bail Those with serious criminal convictions Mentally disordered persons Excusal Discretionary (Up to the court to grant this) excusal can be applied for by anyone Automatic right of excusal applies to full time serving members of the armed forces and those who have served as a juror in the last two years

The Jury Vetting : • R v Sheffield Crown Court, ex parte Brownlow ( 1980) • R v Mason ( 1996 )R v Obellim (1996) Are juries representative of society? • R v Ford ( 1989) • R v Bansal (1985)

The Jury • Jury secrecy – List the arguments for and against secrecy • Contempt of Court Act 1981 • R v Mirza (2004) • Att Gen v Scotcher ( 2006 ) • Jurors and contempt of court

The Jury • The Verdict – Unanimous and majority verdicts - 1967

Advantages of the Jury System Judge according to conscience: • R v Kronlid (1996). • R v Ponting(1985). • R v Owen (1991). • Certainty – verdict not open to dispute • Public participation- Lord Denning, ‘giving ordinary folk their finest lesson in leadership’.

Disadvantages of the Jury System • Lack of competence • ‘Perverse verdicts’ • Bias • Manipulation by defendants • Jury nobbling/ tampering • No reason given for the decision/ verdict • Distress to jury members • Cost and time • Problems with compulsory jury service • Excessive damages in civil cases.

Reform of the Jury • Abolishing juries in serious fraud cases • Abolishing juries • Juries to write down how they reached their verdict • 13 th person ( qualified) to enter the jury room to advise • Defence and Prosecution prepare for the jury a written summary of the case.