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

2. 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.

3. The Jury In small groups consider the following questions:
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?

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

5. 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.

6. 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.

7. The Coroner’s Court
A jury of between seven and eleven members may be used to enquire into deaths.
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:
a) There is reason to suspect that the deceased died while in custody and that either:
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.

8. 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.

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

10. Qualifications Eligible
Aged (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
Disqualification
Persons on bail
Those with serious criminal convictions
Mentally disordered persons
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
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

11. The Jury
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)

12. 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

13. The Jury
The Verdict – Unanimous and majority verdicts

14. 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’.

15. 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.

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