juries

• role of juries 


  determine issues of fact not law
• Bushell's case 1670


  jury is the sole arbiter if fact

  judge can't challenge its decisions
• R v McKenna 1960


  judge needs to respect the independence of the jury
• most important use of juries

  in the crown court - decide whether defendant is guilty of not guilty

  12 members in the crown court
• juries in criminal cases 


  prosecutions and defence finish putting their cases forward

  judge sums up facts of the case and explains relevant law to jury

  jury retires to jury room and decide if guilty or innocent
• juries act 1974 (AS AMENDED)


  sets out qualifications for juries
• basic qualifications 


  aged 18 and over and under 76

  registered as parliamentary or local government elector

  lived in the UK, Channel Islands or Isle of Man for at least 5 years since their 13th birthday
• jury shouldn't be

  person detained or resident in a hospital under a mental health order

  disqualified from jury service
• disqualifications 


  Permanently

  temporarily

  10 years
• disqualification - permanently


  imprisonment or custody for life

  detention during his majesty's pleasure

  imprisonment or detention for public protection

  an extended sentence

  term of imprisonment or detention of 5 years or more
• disqualification - 10 years 


  served a sentence of imprisonment

  had a suspended sentence - found guilty but a reason shouldn't go prison

  had a community order or other community sentence passed onto them
• fine for turning up whilst disqualified 


  fined up to £5,000

  if fails to disclose that fact and turns up for jury service
• lack of capacity 


  not able to cope with the trial

  not understanding English adequately

  blind people - unable to see plans and photographs as evidence
• deaf jurors 


  not allowed to have a sign-language interpreter in jury room as its an extra person and isn't allowed by law
• discretionary 


  people with problems which make it difficult for them to do jury service

  have to have a sufficiently good reason

  being too ill, mother with a small baby, essential work (doctors)
• deferrals 


  ask for period of jury to be put to a later date

  examinations, holiday booked, business appointments
• fine for not attending jury service 


  fined up to £1000 for non-attendance
• jurors claims


  claim for loss of earnings and travel expenses
• members of the forces - excusal


  commanding officer certifies that their absence from duty would affect efficiency of the armed forces
• lawyers and police officers 


  eligible (allowed)

  despite feeling it could lead to bias
• who decided to issue observations for judges who become jurors

  lord chief justice, lord woolf
• judges of jury service 


  judge series as part of his duty as a private citizen

  excusal from service will be granted in extreme circumstances

  judge should defer jury service if have judicial commitments

  if judge knows the presiding judge, should raise with jury bailiff if it may interfere

  matter of discretion

  judges must follow directions and avoid temptation to correct guidance