juries

• Juries have been used since the Magna Carta


  1215
• Magna Carta

  • Agreement that limited King John's power for the first time
  • Stated the King was subject to the law, not above it
  • Enshrined the law that we should be tried by the people and not by the king
• Bushell's case (1670) - the judge in this case violated the laws of the Magna Carta and tried to direct the jury to his own way of thinking
• Jurors are 'the sole arbitrators of fact'


  Jurors should be the ones who decide fact from fiction and shouldn't be influenced by judges
• R V Wang (2005) - Wang walked through Heathrow airport with a samurai sword. He was charged with possession of a deadly weapon. The judge tried to persuade the jury to find him guilty.
• Judge can direct the jury to a non-guilty verdict

  Only if evidence is inadmissible
• Courts where juries are used

  • Crown court
  • High court of justice (KBD)
  • Coroners court
  • County court
• Crown court

  • 12 jurors
  • Hear the evidence of the facts on indictable trials (including either way cases which are being tried on indictment)
• High court of justice (KBD)

  • 12 jurors
  • Hear evidence on a small number of civil disputes to decide liability
  • Decide how much damages the loser pays the winner
• Coroners court

  • 7-11 jurors
  • Hear evidence on cause of certain deaths e.g. someone died in police custody
• County court

  • 8 jurors
  • Decide if the defendant is liable or not County court has not been used in over 40 years
• Criminal cases in the Crown court

  • More serious either way offences or indictable offences
  • 1% of cases = 30,000
• Jury's role in the Crown court

  1. Decide whether the defendant is guilty or not guilty beyond reasonable doubt

  2. Have no role in sentencing
• 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
• Unanimous verdict

  Usually the jury has to deliver a unanimous verdict, but can also reach majority verdicts since 1967
• Jury nobbling

  The process of influencing individual jurors or a whole jury to achieve the wanted verdict
• Jury in Coroners court

  • Between seven and 11 members
  • Used to inquire into deaths
• Coroners and Justice Act 2009 provisions for use of juries in Coroners' court


  1. Jury used only if:

  2. There is reason to suspect deceased died while in custody and either:

  3. -The death was a violent or unnatural one

  4. -The cause of death is unknown

  5. The death resulted from an act or omission of a police office

  6. The death was caused by a notifiable accident, poisoning or disease
• Coroner


  The judge who will commonly direct the jury as to which verdicts are available in a particular case
• Princess Diana (1996)


  • Inquest lasted 6 months and cost taxpayers over £1 million
• Civil jury

  Less than 1% of civil cases
• Role of civil jury

  1. Decide for or against the claimant

  2. In High Court, award damages
• Civil cases where juries can be used

  • Malicious prosecution
  • False imprisonment
  • Fraud
• Supreme Courts Act 1981 states that juries can be used in certain civil cases
• S.11 of the Defamation Act 2013 removed defamation cases from jury trial
• Defamation


  Ruining someone's reputation falsely
• The main reason why we do not use jurors in civil cases anymore is because of cost and complexity
• How are jurors chosen

  1. Who is eligible?

  2. Disqualification

  3. Lack of capacity

  4. Discretionary excusal

  5. Excused as of right
• Basic criteria for jury eligibility under Juries Act 1974

  • Anyone aged between 18 - 70 (changed to 75 in 2015)
  • Lived in the UK since age 13 or for 5 years
  • On the electoral register
  • Deemed to be of stable mind
• Disqualification under Disqualification Act 1984


  • People who have served a prison sentence of less than 5 years are banned for 10 years
  • People who have served a prison sentence of 5 or more years are banned for life
  • If someone is on bail they are not allowed to do jury service
  • If someone is seeking rehabilitation for a drug problem they are not allowed to take part in jury service
• Lack of capacity under S.(b)(2) of Juries Act 1974


  • The mere fact someone has a disability doesn't mean they cannot be a member of the jury
  • Disability should only be a problem if it stops someone being an effective juror (e.g. a deaf person can have an interpreter)
• Discretionary excusal

  When a person has a personal reason like a baby or holiday, they can get a 6 month delay before having to do jury service
• Excused as of right

  • Before 2003, certain professions like police, judges and CPS were excused
  • The Auld Report 2001 questioned why the most intelligent members of society don't serve as jurors
  • Now only armed forces have the choice, and those aged 65-75 or who served in the last 2 years
• The case of R V Abdroikof and others 2007 questioned whether legal professionals create a risk of bias in the jury
• Jury summoning

  Jury Central Summoning Bureaux (JCSB) in London summons jurors by computer
• Jury summons


  Document detailing time/date and details of jury service
• If you get a jury summons

  You must reply either stating you accept it or saying why you cannot do it
• Failure to reply to a jury summons can result in a £1000 fine
• Vetting of jurors

  Takes place after those who replied to the summons
• Vetting of jurors

  • Can be done through DBS check or Authorised Check