juries

• Magna Carta


  Agreement that limited King John's power for the first time, stating the King was subject to the law, not above it, and enshrining the law that we should be tried by the people, and not by the King (fair trial)
• Bushell's Case (1670)


  • The judge violated the Laws of the Magna Carta and tried to direct the jury to his own way of thinking, but it was held that jurors are "the sole arbitrators of fact" and should be free from judicial influence
• R v Wang (2005)


  • Similar to Bushell's Case, where judges tried to direct the jury to a guilty verdict, but the Supreme Court stated there are no circumstances in which a judge can direct a guilty verdict
• Courts where juries are used

  • Crown Court (12 per jury, hear evidence on indictable trials)
  • High Court of Justice (QBD) (12 per jury, hear evidence on civil disputes to decide liability and damages)
  • Coroner's Court (7-11 per jury, hear evidence on cause of certain deaths)
  • County Court (8 jurors, decide if defendant is liable or not, not used for over 40 years)
• Role of Jury - Crown Court


  Decide whether the defendant is guilty or not guilty beyond reasonable doubt
• Section 44 of the Criminal Justice Act 2003 allows for trial by judge alone if there has been or is a risk of jury tampering
• Majority verdicts


  Introduced in 1967 due to worry of 'jury nobbling' (the process of influencing individual jurors or a whole jury to achieve the wanted verdict)
• Role of Jury - Coroner's Court

  A jury of between seven and eleven members may be used to inquire into deaths
• The Coroners and Justice Act 2009 has provisions for changes to the use of juries in Coroners' Courts, where a jury will only be used in certain circumstances
• Civil cases where juries can be used

  • Malicious prosecution
  • False imprisonment
  • Fraud
• Section 11 of the Defamation Act 2013 removed defamation cases from jury trial
• Reason for not using juries in civil cases

  Cost and complexity (e.g. the Arrow Fraud Trial where jurors had to read over 1 million documents)
• Eligibility criteria for jury service

  • Between 18-70 years old
  • Lived in the UK since they were 13 or for at least 5 years
  • On the Electoral register
  • Deemed to be of stable mind
• Disqualification from jury service

  • Served a prison sentence of less than 5 years (banned for 10 years)
  • Served a prison sentence of 5 years or more (banned for life)
  • On bail
  • Seeking rehabilitation for a drug problem
• Osman case


  • Disability should only be a problem if it stops someone being an effective juror
• Discretionary excusal


  People can be excused from jury service for up to 6 months, e.g. if they have a baby or holiday booked
• Before 2003, police officers, judges and CPS officers were excused as a right, but this was abolished by the Criminal Justice Act 2003 following the Auld Report 2001
• Those who can now be excused as of right


  • Members of the armed forces
  • People aged 65-75
  • Those who had served as jurors in the last 2 years
• R v Abdroikof and others (2007)


  • Joint appeal case related to the changes in excusal as of right
• Jury Summoning


  1. Done by a computer at the Jury Central Summoning Bureaux

  2. Those summoned must reply, failure to do so can result in a £1000 fine

  3. Vetting of those who reply takes place
• Vetting


  All jurors undergo a DBS check, and an authorised check can be done if the case is particularly sensitive or the judge requires it
• ABC Trial (1978)


  • Issued guidelines by the Attorney General on how vetting should take place so the judge cannot abuse the process
• R v Obellim and Others (1996)


  • Vetting for jurors should take place before trial, not after
• Ways to stop someone serving as a juror

  • Challenge to the Array
  • Challenge for Cause
  • Stand him by (Prosecution Only)
• Challenge for Cause


  A challenge to individual juror(s), e.g. if they are found to be disqualified or know the victim/defendant
• Challenge to the Array


  A challenge to the whole jury, which can only occur if the selection of jurors was not done at random and was biased
• Right to Stand by

  A right only available to the prosecution, allowing them to put jurors who have been stood by at the back of the line of potential jurors to be used only if there are not enough jurors for the case
• Advantages of jury trial

  • Right to fair trial since Magna Carta 1215
  • Randomly selected and good cross-section of society
  • Open system, juries are "the lamp that shows freedom lives"
• Disadvantages of jury trial

  • Narrow pool of people who can be selected
  • Juries do not understand the law
  • Secrecy of jury room, juries don't have to give reasons for verdicts
  • Potential for bias
• Reforms and alternatives to jury trial

  • Trial by a judge
  • A panel of judges
  • A judge plus lay assessors
  • A mini jury using six members
  • Professional jurors
• R v Owen is an example of juries following the spirit of the law, not just the letter