Juries

• Independence of the jury: Bushell's case

  Judge cannot challenge their decision.
• Juries in criminal courts:

  In crown court has 12 members and they need basic qualifications and some people are disqualified from being a juror.
• Basic qualifications: set out in the Juries Act 1974;

  • must be between 18 and 75 inclusive
  • registered as a parliamentary or local government elector
  • ordinarily resident in the UK, Channel islands or the isle of man for at least 5 years since their 13 years.
• Disqualifications from the jury service:

  those who have been sentenced to;

  • imprisonment for life, detention for life or custody for life
  • detention from His majesty's pleasure or during the pleasure of the Secretary of State
  • imprisonment for public protection
  • an extended sentence
  • a term of imprisonment of 5 years or more.
• those in the following categories are disqualified for 10 years:

  • served a sentence in the last 10 years
  • has had a suspended sentence passed on them in last 10 years
  • had a community order in last 10 years
  • anyone currently on bail
• mentally disorded persons:

  defined in the Criminal Justice Act 2003 as;

  • a person who suffers or has suffered from mental illness or mental handicap
  • a person under guardianship
  • a person a judge has determined to be incapable of administrating their property and affairs.
• the right to be excused from jury service:

  prior to April 2004 people had the right to be excused jury service if they didn't want to do it however the Criminal Justice Act 2003 abolished this and now doctors and other medical staff cannot refuse jury service u n apply for a discretionary excusal.
• excused from jury; members of the forces

  full time serving members of the forces will be excused from jury service if their commanding officer certifies their absence from duty would be prejudicial to the efficiency of their service.
• Discretionary excusals:

  anyone who has problems which make it very hard for them to do jury service may be asked to be excused or put back to a later date.

  Court has discretion to grant an excusal but only if their is a sufficiently good reason such as being too ill or suffering from a disability or being a mother with a small baby. Also exams or booked holidays.

  Mostly, the court will just move the jury service to a more suitable date.
• Lawyers and police officers:

  Judges, lawyers, police are eligible to serve on juries and many people feel as if this could result in a bias decision. Considered in R V Green.

  The test to be applied in such cases was 'whether the fair minded and informed observers having considered the facts would conclude that there was a real possibility that the tribunal was biased.'
• Judges on jury service:

  Lord Woolf issued observations to judges who are called for jury service.

  • judge serves a jury as part of their duty as a private citizen
  • excusal from jury service is only granted in extreme circumstances
• lack of capacity:

  court may discharge a person from being a juror for lack of capacity to cope with the trial, could be if they don't understand English or because of some disability which makes them unsuitable.

  Includes anyone who is blind and unable to see evidence.
• deaf jurors are impossible as it would mean more than 12 jurors because of an interpreter.
• Selecting a juror: vetting

  • police checks
  • jurors background