JURIES

• What case established jury independence?

  Bushel's Case

  This is where the judge would not accept the verdict when jurors gave a not guilty verdict
• What qualifies someone for jury service?

  Aged 18-75

  Registered on the electoral register

  Been a resident in the UK for more than five years
• Why may someone not qualify for jury service?

  Having a mental disorder

  On bail

  Served 5+ years in prison

  Been in prison for public protection

  Within 10 years after serving a suspended sentence, community order or any time in prison
• What is an authorised jury check?

  A check by the Attorney General if the case concerns a matter of national security.

  May involve looking at Special Branch records and a Security Services Check
• What is a challenge for cause?

  Process of removing a potential juror based on a specific reason or bias.
• What is challenge to the array?

  When the whole of the jury is considered to be unrepresentative
• What is the role of the jury?

  Listen to evidence and submissions

  Listen to Judges’ summing up

  Decide facts of the case

  Apply law to facts

  Deciding a verdict - should be unanimous but a majority of 10 is acceptable
• In which types of case may a jury be used?

  Where the defendant pleads not guilty

  Malicious prosecution

  False imprisonment

  Fraud

  Court’s discretion
• Why is it important that the jury can decide matters according to their consciences rather than the letter of the law?

  Allows jury to reject unjustified or politically motivated prosecutions

  R v Kronlid - three women caused damage to a Hawk fighter jet, found not guilty since the aircraft was going to be sold to the oppressive Indonesian regime
• Why is it problematic that juries do not need to give reasons fr their decisions?

  Individual jurors may give a verdict based on a whim rather than law.
• What concern about juries was demonstrated in Vicky Pryce’s case?

  That jurors may lack the ability to understand complex evidence and deliver an effective sentence.
• Advantages of using juries

  • Public confidence - make society appear democratic
  • Jury equity - giving verdicts based on fairness rather than law and past cases
  • Open systems of justice - members of the public are involved in a key aspect
  • Secrecy of the jury room - free from pressure in its discussion
  • Impartiality - a jury isn’t connected to anyone in the case
• Disadvantages of using juries

  • Perverse decisions - R v Randle+Pottle, D charged with helping a spy flee from prison and the jury acquitted them
  • Secrecy - no way of knowing if the jury understood the case and made a fair verdict
  • Media influence - news reporting can alter the truth of a case
  • High acquittal rates - undermines confidence in an open justice system
  • Bias - Sander v UK, racial bias where jurors were making racist jokes