juries

• featured in english legal system since the 12th century, origianlly a body of sworn men, administrative role. Bushell‘s case 1670 decided jury were sole judges of fact.
• qualifications- before 1972 only home owners over certain value allowed. 78% weren’t eligible. Criminal Justice act 1972: jury service corresponds with right to vote.
• qualifications-now aged 18-75, have lived in Uk/Channel Islands/ Isle of Man for 5+ years from 13. on electoral register.
• disqualifications- on bail, sentenced to life, served a sentence in the last 10 years. before CJA, administrative of justice, religious vocation, mentally ill, after only mentally ill.
• selected, challenged, vetted- Juror Central Summoning Bureau, computer system selects from electoral register, panel of jurors available to both sides, vetting may take place, jury selected by ballot in open court, if no challenges, jury is sworn in.
• Challenging- Challenged To The Array, juries act 1974, defendant may challenge whole jury on the basis that it’s unrepresentative, Romford case 1993. you can’t challenge to the array because its not multiracial. Challenge for Cause, on the ground of ineligibility, disqualification, bias, only happens when juror is known/jury vetting, R v Andrews.
• Vetting- checking for criminal conviction, R v Mason. Checking on special branch and security services records.
• Jurys role in criminal case- operate in crown court, juries decide 1% of cases, judges of fact, listen to evidence from both sides, decide in light from their understanding of the law, deliberate in secret, foreperson delivers verdict.
• Role in civil- less than 1%, cases of defamation, false imprisonment, malicious prosecution, fraud. consider evidence, any direction of law given by judge, decide whether to find for claimant or defendant, decide damages (often appealed)
• Advantages- twelve opinions are fairer than 1, local people understand local issues, can decide case based on fairness R v Ponting, jurors can mitigate harshness of law R v Blythe, can give perverse verdict- jury equity.
• disadvantage- bias/racism, no legal/intelligence criteria, jury intimidation/nobbling, influenced by media R v Taylor.
• advantages of secret deliberations- ensures freedom of expression, protection from harassment, finality of verdict.
• alternatives- specially trained judge + 2 lay people, panel of judges, restricting juries to matters of dishonesty, selection based on qualifications, single judge, mini jury
• criminal case review commission said- reasoned verdicts could benefit people appealing against decisions.