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The Criminal Courts and Lay People

The Criminal Courts and Lay People. Jurors. Objectives. Describe the qualification and selection of jurors Describe the role of jurors. Introduction. Jury trial feature of English law for centuries Has developed over years and now central to criminal trials

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The Criminal Courts and Lay People

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  1. The Criminal Courts and Lay People Jurors

  2. Objectives • Describe the qualification and selection of jurors • Describe the role of jurors

  3. Introduction • Jury trial feature of English law for centuries • Has developed over years and now central to criminal trials • Main legislation is the Juries Act 1974 • 500,000 summoned each year • Normally for 2 week period • For lengthy trials service extends beyond date • Some juries are accommodated to stop interference

  4. Introduction • Can be prosecuted for failing to attend • Important civic duty • Some people disqualified, ineligible or can be deferred • Rare to serve more than once • Arbiter of fact • Decide on guilt based on evidence • Jury made up of 12 jurors • Should come to unanimous verdict although can be reduced to 11:1 or 10:2 • Unpaid except for some compensation and expenses

  5. Qualification and Selection • Chosen at random from electoral roll • Any person eligible provided: • At least 18 yrs old and under 70 • Registered on electoral roll • Has lived in UK, Channel Islands or IoM for at least 5 years since age of 13 • Jury Central Summoning Bureau picks at random

  6. Disqualification • Bail – if a person summoned is on bail • Conviction: has ever been sentenced to: • Imprisonment, detention or custody for life • Imprisonment/detention for public protection • 5 or more years’ imprisonment or youth custody • Certain extended sentences in Scotland • Conviction: in last ten years: • Served any part of a sentence of imprisonment/detention • Had a suspended sentence passed on them • Various community orders imposed

  7. Disqualification • Mental disorders/mental health problems: • Suffers from (or has suffered from) a mental disorder/problem and as a result is a resident in a hospital • Regularly visits doctor for treatment for the mental disorder/health problem • Has a guardian under Mental Health Act 1983 • The court decides they are not able to manage own affairs as result of mental illness • Judge can also disqualify because of physical disability

  8. Deferral • Anyone can apply • If successful jury service carried out later within following 12 months • New dates may be given immediately • Needs to be a good reason (booked holiday, hospital operation) • Most granted • Only granted once in 12 month period • Most are for work or holidays

  9. Excusal • A person can be excused from serving at any time during next 12 months • Takes person off list for 12 months • As such further random selection required • May be excused if been a juror in past 2 years (criminal court) • Also if has already been excused for that period • Often after a particularly long or horrific trial

  10. Excusal • List includes: • Those over 65 • Those served in last two years • Religious beliefs incompatible for jury service • Full time members of armed service • Certain members of the medical profession • Representatives of the Assembly of European Communities (Euro MPs) • Members of Parliament

  11. Jury Vetting • ECHR requires trial by an independent and impartial tribunal • Jury vetting appears to go against this principle • Three concerns which need to be balanced: • Jurors may be corrupt or biased • National security • Government may use vetting to get the ‘right result’ • (Defence have limited access to information)

  12. Role and Process of Jury • Jury offers trial by peers • Main role to return a verdict of guilt or innocence • Arbiter of facts • Must then apply law (as explained by judge) • Then give verdict • Verdict must be unanimous • But judge can allow majority verdict • Only normally when enough time has elapsed (2 hours)

  13. Role and Process of Jury • Jury is independent and free from bias • Random nature of selection secures this • At court another random process (selection of juror for trial by court official) • On arrival goes to assembly area • Check in and ID confirmed • Shown DVD explaining role and process • When court is ready to select a jury court official chooses a group of people at random from assembly area

  14. Role and Process of Jury • Usually 15 called forward into court room • This allows for further selection and eligibility checks • Average trial lasts a day and a half • May be asked to sit on more than one trial for more than one day • Jury kept apart from other people except from ushers

  15. Role and Process of Jury • Jury: • Listens to all evidence • Looks at all exhibits • Take notes (although have to give them in at end) • Listen to lawyers conclude • Listen to judge summing up and explaining law • Retires to jury room • Can take in notes, exhibits and indictment • No mobile phones

  16. Objectives • Describe the qualification and selection of jurors • Describe the role of jurors

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