Juries

Question 1

How are jurors selected?

Answer 1

They are randomly selected from the electoral register.

Question 2

What Act puts forward the qualifications required to sit on a jury?

Answer 2

The Juries Act 1974

Question 3

What are the requirement to sit on a jury under the Juries Act 1974?

Answer 3

• must be between ages 18-75.
• registered to vote in parliament or local government elections.
• a registered British or Irish citizen in the UK, the Channel Islands or the Isle of Man for at least 5 years since 13th birthday.

Question 4

What two cases established/emphasised the independence of the jury?

Answer 4

Bushell (1670) established independence of the jury.

McKenna (1960) more modern example.

Question 5

What right have people had since at least the Middle Ages?

Answer 5

The right to be tried by your peers. So defendants have the right to a trial by jury in the Crown Court if they wish.

Question 6

How many members do crown court juries have?

Answer 6

12 members.

Question 7

Approximately how many criminal cases are heard in the crown court?

Answer 7

2% and the vast majority are heard in the magistrates.

Question 8

What will disqualify a person from sitting on a jury?

Answer 8

• people serving life sentences (in prison or community).
• Detention during her majesty’s pleasure (underage and cannot be sent to adult prison yet).
• imprisonment for public protection.
• an extended sentence.
• a term of imprisonment for 5 or more years.

Question 9

What will disqualify a person from sitting in a jury for 10 years?

Answer 9

• have served a sentence of imprisonment.
• have had a suspended sentence.
• have had a community order.

Question 10

What are the disqualifications for mentally disordered people?

Answer 10

• those who have been hospitalised or are attending treatment.
• person under guardianship under section 7 of the Mental Health Act 1983.
• a person, decided by the judge, who is considered unable to administer their property or affairs.

Question 11

Can lawyers and police officer sit on juries?

Answer 11

Since the Criminal Justice Act 2003 judges, lawyers and police officers can sit on juries.

Question 12

When can you be excused from jury service? (Discretionary excusals)

Answer 12

• members of the serving forces (army).
• those too ill to attend, or with a disability.
• mothers with young babies.
• people with business appointments.
• people who have booked holidays.

Most of the above will have their jury service deferred to a later date.

Question 13

If do not attend without a suitable reason/ don’t attend if you get selected a second time what will happen?

Answer 13

You will be fined up to £1,000.

Question 14

Why might blind people or people who have a lack of English language ability be excused?

Answer 14

If the judge believes their situation may hinder the jurors ability to fully participate in the jury. He may discharge them.

Question 15

What other people are generally not allowed on a jury?

Answer 15

Some deaf people because they may need a sign language interpreter (13 member).

Question 16

Can vetting and routine police checks be requested and by who?

Answer 16

Yes it can by either the prosecution or the defence.

Question 17

What does a jury decide?

Answer 17

They decide if the defendant is guilty or not guilty and they do not have to provide reason for their decision. Their decision is final.

Question 18

Do juries make their decision if public or private?

Answer 18

In private.

Question 19

If the judge believes there is insufficient prosecution evidence in law to allow the case to continue what may he do?

Answer 19

Direct the jury to find the defendant not guilty.

Question 20

When might a majority verdict be accepted?

Answer 20

If at least 2 hours have passed and the jury has not reached a decision the judge can call the jury back and accept a majority verdict.

Question 21

Why were majority verdicts introduced?

Answer 21

To prevent jury nobbling.

Question 22

What are the majority verdict ratios?

Answer 22

10:2 or an 11:1 majority verdict can be accepted on a full jury.

Question 23

Who must announce the numbers for a majority verdict?

Answer 23

S17 of the Juries Act 1974 sates the foreman of the jury must announce the numbers.

Question 24

How many majority verdicts are made a year roughly?

Answer 24

20%

Question 25

What act makes it a criminal offence to disclose any info discussed in the jury room?

Answer 25

The Criminal Justice and Courts Act 2015.

Question 26

When may someone disclose what was discussed in the jury room?

Answer 26

When someone is reporting a case of juror misconduct.

Question 27

What is the judge allowed to take from jurors?

Answer 27

Mobile phones and electronics.

Question 28

What are the advantages of using juries?

Answer 28

- public confidence. - Jury equity (people are randomly and fairly selected). - Open system of justice. - Secrecy of the jury room. - Impartiality (no connection to the defendant, decision based on evidence).

Question 29

What are the disadvantages of using juries?

Answer 29

- Perverse decisions (jury may not listen to the law) - Secrecy (jury do not have to give reasons for verdict and people can be openly racist, etc in jury room). - Internet (people can look up stuff). - Racial bias. - Media influence. - Lack of understanding (may not understand the law). - Fraud trials. - Jury tampering. - High acquittal rates.