The Criminal Courts and Lay People Jurors

Lesson Objectives I will be able to describe the qualification and selection of jurors I will be able to describe the role of jurors

Trial by jury has been a feature of English law for hundreds of years The way in which a jury operates has developed over the years Now seen as central to the administration of justice for serious criminal offences Main legislation for juries is the Juries Act 1974, as amended Nearly 500,000 people are summoned for jury service each year Normally for a period of 2 weeks – no guarantee that there will be a trial to hear on any particular date Some trials are lengthy and service continues until the end Each juror attends each day Danger that once jury has retired to consider its verdict in high profile cases, that they may be exposed to reports which influence their verdict In such cases they stay together until a verdict is reached – could be overnight in a hotel

If a person does not reply on summons, fails to attend without good reason, or is not available or unfit through drink or drugs when called, that person may be prosecuted and fined One of the most important civic duties – all members of the public are expected to perform this duty if called upon to do so Some people are not eligible, or are disqualified from it, while some ask for it to be deferred You can be summoned more than once, but a few people are excused after completing a trial Since electronic records were created in , the Jury Central Summoning Bureau’s database shows that by 2006, the most any one person has served is 4 times, and that was only one person The role is to decide based on evidence presented, whether a defendant is guilty or not guilty of the crime with which they have been charged Jury trial only takes place in the Crown Court – made up of 12 jurors who should come to a unanimous decision – can be reduced to 11:1 or 10:2 in some situations As with magistrates, jurors are unpaid, expect for expenses and some compensation for loss of earnings, and are not expected to have any legal knowledge

Qualification and Selection Eligibility Chosen at random from electoral roll to serve at a crown court reasonably close to juror’s home Any person is eligible, provided they fulfil certain conditions. May be summoned if all the below are satisfied: –At least 18 and under 70 on the day which the service is due to start –Registered on the electoral roll –Lived in the UK, Channel Islands or Isle of Man for at least 5 years after the age of 13 –The jury summons is prepared on a random basis by a computer – this is dealt with by the Jury Central Summoning Bureau

Disqualification Not qualified for service whilst on bail, or following certain convictions for criminal offences, or suffering from a mental disorder or other mental health problem The following situations disqualify a person from jury service and are set out in the Criminal Justice Act 2003:

Bail: if a person summoned is on bail for a criminal offence Conviction: if a person summoned has ever been sentenced to: –Imprisonment, detention or custody for life; or –Imprisonment for public protection or detention for public protection; or –Five or more years’ imprisonment or youth custody; or –Certain extended sentences in Scotland Conviction: if a person summoned has in the past ten years: –Served any part of a sentence of imprisonment, or a sentence of detention; or –Had a suspended sentence passed on them; or –Had various community orders imposed, such as a community rehabilitation order, a community punishment order, a community punishment and rehabilitation order, a drug treatment and testing order Mental disorders or mental health problems; if the person summoned: –Suffers from, or has suffered from, a mental disorder or mental health problem, and as a result is a resident in a hospital or other similar institution; or –Regularly visits the doctor for treatment for the mental disorder or mental health problem; or –Has a guardian under the Mental Health Act 1983; or –As a result of mental health problems, the court has decided that they are not capable of managing their own affairs or property Can also be discharged by the judge of they feel that because of physical disability (i.e. deafness) or insufficient understanding of English that they would not be able to perform duties properly

Deferral Anyone can apply for deferral of their jury service If application is successful, service is carried out later within the following 12 months – new dates may be given as soon as an application is deferred There needs to be a good reason such as: exams, hospital operation, holiday that is already booked Most deferral applications are granted, but anyone refused deferral can appeal to the head of the Bureau Jury service can only be deferred once up to a maximum of 12 months from the original date Almost ¾ of deferrals are due to work commitments or holiday – Home Office research

Excusal A person can be excused from serving at any time during the following 12 months as opposed to just deferring An excusal effectively takes them off the list for 12 months – would then require a further random selection before the person is summoned again May be excused if they have been on jury service in the criminal courts (not a coroner’s jury) in the previous 2 years Also applies where the court has excused someone for further service for a period that has not yet ended – can occur after a long and distressing trial – e.g. Soham murders – ensures that no individual feels overburdened by the duty Full-time member of the armed forces may also be excused, if the commanding officer certifies to the Jury Summoning Officer that absence would prejudice he efficiency of the service The list of those who have a right to be excused jury service or to apply for discretionary refusal is:

Over 65 years of age Have served within the last 2 years Those who have religious beliefs that are incompatible with jury service Full-time members of the armed forces Certain members of the medical profession European MPs Members of Parliament There can be difficulties for potential jurors, particularly solicitors, barristers and judges who are familiar with the process and may be seen by other jurors ‘as knowing what the result should be’. Also they may be acquainted with members of the prosecution or defence and this could lead to bias. Barristers summoned for service are given guidelines by the Bar Council, and judges by the Lord Chancellor.

Jury Vetting ECHR requires trial by an independent and impartial tribunal Vetting (checking before they are allowed to serve) would seem to go against this principle However, there are 3 concerns that need to be balanced against this principle: –Jurors may be corrupt or biased –National security –Government may use vetting to secure a politically attractive verdict The first two suggest vetting is beneficial, the third might outweigh he advantages though.

Defence will not have access to the information available to the prosecution, but may also wish to check for disqualified persons or seek assistance in obtaining information regarding a totally unsuitable juror on the grounds of bias Right to challenge a juror can only be done ‘for cause’ – ineligibility, disqualification or assumed bias Defence will only have this option where a juror is known to a member of the legal team – e.g. challenge a known racist in a racial hatred case

Role and Process Offers to the defendant the opportunity of being tried by equals Role is to return verdict of guilty or not guilty – this is done by determining the facts Jury must apply the law, as explained by the judge in his summing up, to those facts, and give their verdict Verdict should be unanimous – all 12 reaching the same verdict – but majority verdict can be accepted by the judge where all the jurors cannot agree In this situation, the judge decides that the decision is acceptable if at least 10 of the jurors agree A majority decision can only occur when the judge considers that enough time has elapsed – usually at least 2 hours – depends on the case, and might not be until the next day

Jury is independent and should be free from bias Random nature of the selection by the computer starts the process When the juror reaches the court, there is another random element – when they arrive at court they go to the assembly area, this is a room in the courthouse where jurors have to check-in at the start of service and confirm their ID The assembled potential jurors are shown a DVD explaining their role and the courtroom process

When a court is ready to select a jury, a court official chooses a group of people at random from those in the assembly area More people are called into the courtroom than the 12 required to make the jury – usually 15 – this allows for the random selection process to continue – means that no one can be a juror on a case with which they have a connection Also, if a case is expected to go on for more than 2 weeks, to allow for the fact hat there will be some people who will be unable to serve on the jury for that long

Average trial lasts about a day and a half People may be called to sit on more than 1 trial – may mean more than 1 a day – but depends on number of trials going ahead, the size of the juror pool at court, and the random selection of jurors from that pool At all times other than in the courtroom, the jury will be kept apart from the other people involved in the trial, expect for the ushers, who help and guide jurors to the correct place

Jurors will listen to the evidence and see the exhibits, such as items involved in the crime, photos, CCTV images and diagrams A juror can take notes, but can only be used in the courtroom and the jury room – cannot be taken home At the end of the trial, the notes will be destroyed, because the whole process of the jury’s deliberation is secret

When the evidence has been completed and the lawyers have finished their speeches, the judge sums up the case to the jury and explains the law Jury then retire to the jury room and consider their verdict Each juror can only take into the jury room any notes made during the trial, a copy of the indictment (list of offences with which the D is charged) and any exhibits submitted during the trial that are allowed to be taken (i.e. photos and diagrams) Jurors may not have access to mobile phones, to ensure secrecy