Juries

• Bushells Case


  Juries can not be punished for their verdicts, even if the judge disagrees.
• s17(3) Juries Act 1974


  If the jury convict with a majority verdict, the foreman must state how many agreed / disagreed with the verdict in an open court.
• Qualifications

  Criminal Justice Act 2003 - Age 18 to 75 - Registered on the electoral roll - Lived in UK for 5 years after their 13th birthday.
• Disqualified for Life

  Imprisoned on a life sentence.

  Imprisoned at her Majesties pleasure.

  Imprisoned for public protection.

  Those given extended sentences.

  Those who have been given a prison sentence for 5+ years.
• Disqualified for ten years

  Imprisoned in the last 10 years.

  Received a suspended sentence.

  Received a community order in the last 10 years.
• Disqualified

  Criminal Justice Act 2003 - Unable to serve as a juror if they suffer from a mental illness.

  Discharge due to lack of capacity - those who struggle to cope with being a juror. Criminal Justice and Public Order Act 1994 - having a disability itself doesn’t prevent someone from serving as a juror.
• Right to be excused

  Member of the armed forces.

  Those who recently served as jurors.
• Discretionary Excusals

  The Juries Act 1974 - Public exams, Wedding, Funeral, Operation, Pregnant women.
• Lawyers and Police as jurors

  Historically they were not eligible.

  This rule was abolished by the Criminal Justice Act 2003.
• Lawyers and Police as Jurors

  Hanif v UK

  The ECtHR ruled that having a police officer on the jury who knows the participants is a breach of Article 6, right to a fair trial.
• Judges as jurors

  Excusal is possible in extreme circumstances.

  Can defer if they have a particular judicial commitment they cannot change.

  Judge knows someone involved, likely to interfere with their juror responsibilities, must inform court.

  Doesn‘t have to inform other jurors of their judicial position.

  Must follow directions given to juror by trial judge.
• Selection

  Official will arrange for names to be selected at random from the electoral registers.

  Summon more than 12.

  Notify any deferrals.

  Clerk calls 15 people at random.

  Clerk calls 12 of the 15 from an open ballot.

  12 sworn in by the judge.

  3 unchosen go back to the jury waiting room and wait to be called again.
• Vetting

  Routine Police Checks and Wider Background Checks

  Challenging to the array - S5 Juries Act 1974 challenging the whole jury. ( Romford Jury - challenge was successful as out of 12, 9 jurors came from Romford and 2 lived on the same street as the D).
• Vetting

  Challenging for cause - challenging the right of an individual juror to sit on the jury. ( R v Wilson & R v Sprason - CoA had to quash the convictions for armed robbery as both D’s had not received a fair trial.
• Vetting

  Challenging the prosecution right to stand by jurors - Only available for the prosecution, Allows potential jurors to be sent to the bottom of the list, they must state they are manifestly unsuitable but no reason is needed.
• Role of Juries

  Hear all evidence and decide the facts of a case.

  Jury can be directed to acquit a D.

  Retire to a private room, decide guilt or innocence.

  Majority verdicts, if the jury cannot reach a unanimous verdict.

  Foreman of the jury reads out verdict in court room.

  Jury do not sentence.
• Advantage - Juries do not have to follow precedents or laws that have been decided in other cases.


  DP - do not have to follow a legal rules when deciding the verdict. can make their decision based on the facts alone, represent public opinion.

  WDP - Clive Ponting (leaked classified materials), Jury found him not guilty as they agreed with the reasons behind what he did. If jury is independent in their decision, they cannot be challenged.
• Advantage - Juries are chosen at random, meaning each jury is diverse.


  DP - Less people can defer as many people may have nothing planned. representative of society. Less to little bias.

  WDP - Representation is important, if all were the same it would be biased. Most likely wouldn’t understand D’s background.
• Advantage - Juries make their decision in the jury room which is completely private.


  DP - Decision will be based on clear fairness and facts not so much the law. Because the law is not fair.

  WDP - Only jury members are allowed in. Cannot be swayed by lawyers.
• Advantage - Juries are not allowed to know anyone involved in the case as they should let a judge know if they do. Impartiality. 


  DP - Creates a fair trial. Creates fair decisions free from bias.

  WDP - Free from prejudice and creates only two weeks of this service.
• Disadvantage - Juries can give verdicts that are based on personal opinions and not facts of the case.


  DP - Leads to unjust and perverse verdicts based on jurors opinion not on factual evidence. Could lead to them acquitting a guilty person.

  WDP - Sending dangerous people back into society. In Kronlid, there was evidence showing their guilt but the jury found them not guilty as they agreed with their motives. Did not provide justice for the victim.
• Disadvantage - Juries do not always represent society, many people defer. 


  DP - Generally fit a stereotype. (Old). Juries mainly defer when they are younger and employed.

  WDP - D could have a mental illness or be deaf / blind and they wouldn’t have that representation. They will all be mentally well and not understand the D’s view.
• Disadvantage - Juries make decisions in secret so we do not know the reasons behind their decision.


  DP - no reason is given so unfairness or prejudices could’ve been used and no one would know. (Unfair trial).

  WDP - Stephen Young, used Ouji board and based decision of ‘guilty’ on their ”contact with the spirit world“ not based on facts or law.
• Disadvantage - Juries on high profile cases can be influenced by the media and the internet.


  DP - Easy access, don’t know if the evidence is real. Creates bias.

  WDP - Rose West Trial, during the trial the media paid for witness stories. This effected her right to a fair trial.