Jurors and Juries

This week's blog will uncover the qualifications needed to be considered for jury service, the selection process and the role of a jury in a criminal case!

Juries have been used in the English Legal System for over 1,000 years and are famous for their independence. The most common use of juries today is in the Crown Court where they decide if the Defendant is guilty or not guilty. A jury in the Crown Court has 12 members (jurors).

Qualifications for being a juror

Juries Act 1974

You must be...

• Between 18 and 75
• Registered on the electoral role
• Have lived in the UK for at least five years from the age of 13

Disqualified from Jury Service

Permanently:

- imprisonment, detention or custody for life

- detention during Her Majesty's pleasure (21 or under for serious offences)

- imprisonment  or detention for public protection

- a term of imprisonment or detention for more than 5 years

For ten years:

- served a sentence of imprisonment

- had a suspended or community sentence passed onto them

The mentally disordered:

- suffer from mental illness or mental handicap and on account of that condition, are in hospital or similar institution or having regular treatment

- under guardianship under s.7 Mental Health Act 1983

- a person who has been determined by a judge to be incapable of administering his or her property and affairs.

Who can be excused from Jury Service?

Full time serving members of the armed forces can be excused if their absence from duty would be prejudicial to the efficiency of the force.

The court also has the discretion to excuse and defer to a later date in the following situations:

• Booked holiday
• Family commitments 
• Illness
• Business appointment
• Disability
• Surgery 
• Exams

Jury selection

Every Crown Court in England randomly selects potential jurors from the electoral register; those selected are summonsed by post. There is fine up to £1000 for non-attendance. Larger courts summon 150 jurors each fortnight - to allow for disqualifications and excusals. 15 are assigned to each case. Most are expected to attend for two weeks' service but jurors are also asked of attendance is possible for longer trials, e.g fraud.

Vetting

Sometimes the list of jurors are 'vetted' to check if they are suitable. There are two types of vetting: police checks and background checks.

Police checks

Routine police checks can be carried out on prospective jurors to check if someone should be disqualified. As it is a criminal offence to serve on a jury if you have a serious criminal record the police are allowed to carry out criminal record checks. Even criminal records that would not be disqualify can be passed on to the prosecution, who can challenge a juror.

Background checks

This is to check for people who may have certain political beliefs that would mean they were unsuitable for sitting on a jury. A jury can only be checked if it involves national security where part of the evidence is likely to be given in camera or terrorist cases (only by the Attorney General's express permission).

Challenging (excluding jurors)

Once the twelve jurors have been chosen and are about to be sworn in, both the defence and the prosecution have the right to challenge one or more of the jurors. 

Challenging to the array

On the basis that the jury has been chosen in an unrepresentative way or biased way. In Ford 1989, it was stated that if the Jury was chosen at random then it could not be challenged even it if didn't reflect the local community.

Challenging for cause

A jury member can challenged FOR CAUSE if a valid reason is given for that juror to not serve. This could be if they are known to or related to the defendant or someone involved in the trial.

Stand by 

The prosecution can pick a juror who will go to the back of the list and so will only be used if there are not enough jurors. The prosecution does not need to give a reason but this power should be used sparingly. 

Role of the Jury

• Only used when defendant pleads not guilty in a Crown Court (triable either way or indictable offence)
• Judges decides points of law and the jury decides the facts (split function)
• The judge can direct the jury to acquit the defendant if they feel the prosecution has not made the case against them (directional acquittals are about 10% of cases)
• Jury listens to the case and examines the evidence
• The jury retire to a private room and debate whether the defendant is guilty or not guilty
• The jury are initially asked to come to a unanimous decision (12-0) as to whether the defendant is guilty or not
• If after 2 hours, a unanimous decision is not achieved, they can reach a majority verdict of 10:2 or 11:1
• If the jury cannot come to a decision then there will be a retrial.

That's a wrap!! Everything you need to know about juries and jurors!! Do you think the prosecution and defence should be allowed to challenge a jury? Does that make it more bias and lose the element of fairness?

Lawology