Jury

• Jurors must follow instructions given by the judge during their deliberations.
• DISQUALIFICATIONS:

  • Permanently if: sentenced to prison for 5yrs or more
  •           For 10 years if in the last 10 years: served a sentence of imprisonment, had a suspended sentence, community order/sentence passed on them
  •          Mental illness. Or on bail
• Can be excused:

  
  

  • Member of the armed forces with letter from CD
• Discretionary excusals: 


  e.g. illness or holiday. Cannot serve if blind. Note that since 2022 deaf can be on the jury.
• Selection process: 


  Random selection off the electoral register. More than 12 summoned to ensure at least 12 jurors
• Challenges: 


  To the array e.g. The Romford Jury;  and for the cause: for example, knows the defendant; and
• Note: Since 2003 judges, lawyers and police can sit on the jury.  This is to widen the representative nature of the jury.
• Role of the Jury

  Used in Crown Court to determine a defendant's guilt beyond reasonable doubt
• Juries cover 2% of criminal trials
• Decision-Making


  • Jurors base their verdict solely on court evidence
  • Discussions conducted in secret
  • It's a criminal offense to disclose deliberations or conduct internet research on the case
• Guidance


  The judge summarizes evidence, explains the law, and instructs the jury on the concept of "beyond reasonable doubt"
• Verdict


  • A unanimous decision is preferred
  • After 2 hours, a 10:2 majority is acceptable
• Jury process


  1. Jurors can take notes

  2. Ask questions

  3. Foreperson announces the verdict in court without needing to provide reasons
• Advantages:


  •           Public confidence considered a fundamental part of a democratic society. Lord Denning ‘finest lesson in citizenship’. Part of system of open justice
  •           Jury equity (POINTING). Can vote according to their conscience since BUSHELL’s CASE 1670.
  •           Secrecy protects jury from intimidation and bribery.

  Lord Devlin’s views.  ‘The lamp that shows that freedom lives
• Disadvantages


  •           High acquittal rates undermine confidence in the criminal justice system.
  •           Perverse verdicts and media (KRONLID)
  •            Secrecy. Jury do not have to give reasons for their decision. (YOUNG)
  •           Incompetence.  Lord Denning’s views and his suggestion for a test to select juries.
  •           Penny Darbyshire’s views. ‘Is it worth the candle?’
  •           Media influence may affect fairness of trial and lead to an appeal (TAYLOR & TAYLOR)

  Internet research by the jury