1. Juries

2. 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

3. 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

4. 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

5. Exclusions Disqualification – Criminal Justice Act 2003: Ineligibility
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

6. Excusals Excusals as of right Excusals at the court’s discretion
Now only those aged
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

7. 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

8. Jury Challenging
Rare to challenge a jury but 3 main ways it can occur:
“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
“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
“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

9. 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

10. 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

11. 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

12. 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