Transcript The Criminal Courts and Lay People Jurors Lesson Objectives • I will be able to describe the qualification and selection of jurors • I will.

The Criminal Courts
and Lay People
Jurors
Lesson Objectives
• I will be able to describe the qualification
and selection of jurors
• I will be able to describe the role of jurors
• Trial by jury has been a feature of English law for
hundreds of years
• The way in which a jury operates has developed over the
years
• Now seen as central to the administration of justice for
serious criminal offences
• Main legislation for juries is the Juries Act 1974, as
amended
• Nearly 500,000 people are summoned for jury service
each year
• Normally for a period of 2 weeks – no guarantee that
there will be a trial to hear on any particular date
• Some trials are lengthy and service continues until the
end
• Each juror attends each day
• Danger that once jury has retired to consider its verdict
in high profile cases, that they may be exposed to
reports which influence their verdict
• In such cases they stay together until a verdict is
reached – could be overnight in a hotel
• If a person does not reply on summons, fails to attend without good
reason, or is not available or unfit through drink or drugs when
called, that person may be prosecuted and fined
• One of the most important civic duties – all members of the public
are expected to perform this duty if called upon to do so
• Some people are not eligible, or are disqualified from it, while some
ask for it to be deferred
• You can be summoned more than once, but a few people are
excused after completing a trial
• Since electronic records were created in 1999-2000, the Jury
Central Summoning Bureau’s database shows that by 2006, the
most any one person has served is 4 times, and that was only one
person
• The role is to decide based on evidence presented, whether a
defendant is guilty or not guilty of the crime with which they have
been charged
• Jury trial only takes place in the Crown Court – made up of 12 jurors
who should come to a unanimous decision – can be reduced to 11:1
or 10:2 in some situations
• As with magistrates, jurors are unpaid, expect for expenses and
some compensation for loss of earnings, and are not expected to
have any legal knowledge
Qualification and Selection
• Eligibility
• Chosen at random from electoral roll to serve at a crown
court reasonably close to juror’s home
• Any person is eligible, provided they fulfil certain
conditions. May be summoned if all the below are
satisfied:
– At least 18 and under 70 on the day which the service is due to
start
– Registered on the electoral roll
– Lived in the UK, Channel Islands or Isle of Man for at least 5
years after the age of 13
– The jury summons is prepared on a random basis by a computer
– this is dealt with by the Jury Central Summoning Bureau
• Disqualification
• Not qualified for service whilst on bail, or
following certain convictions for criminal
offences, or suffering from a mental
disorder or other mental health problem
• The following situations disqualify a
person from jury service and are set out in
the Criminal Justice Act 2003:
• Bail: if a person summoned is on bail for a criminal offence
• Conviction: if a person summoned has ever been sentenced to:
–
–
–
–
Imprisonment, detention or custody for life; or
Imprisonment for public protection or detention for public protection; or
Five or more years’ imprisonment or youth custody; or
Certain extended sentences in Scotland
• Conviction: if a person summoned has in the past ten years:
– Served any part of a sentence of imprisonment, or a sentence of detention; or
– Had a suspended sentence passed on them; or
– Had various community orders imposed, such as a community rehabilitation
order, a community punishment order, a community punishment and
rehabilitation order, a drug treatment and testing order
• Mental disorders or mental health problems; if the person summoned:
– Suffers from, or has suffered from, a mental disorder or mental health
problem, and as a result is a resident in a hospital or other similar institution;
or
– Regularly visits the doctor for treatment for the mental disorder or mental
health problem; or
– Has a guardian under the Mental Health Act 1983; or
– As a result of mental health problems, the court has decided that they are not
capable of managing their own affairs or property
Can also be discharged by the judge of they feel that because of physical
disability (i.e. deafness) or insufficient understanding of English that they
would not be able to perform duties properly
• Deferral
• Anyone can apply for deferral of their jury
service
• If application is successful, service is carried out
later within the following 12 months – new dates
may be given as soon as an application is
deferred
• There needs to be a good reason such as:
exams, hospital operation, holiday that is
already booked
• Most deferral applications are granted, but
anyone refused deferral can appeal to the head
of the Bureau
• Jury service can only be deferred once up to a
maximum of 12 months from the original date
• Almost ¾ of deferrals are due to work
commitments or holiday – Home Office research
• Excusal
• A person can be excused from serving at any time during
the following 12 months as opposed to just deferring
• An excusal effectively takes them off the list for 12 months
– would then require a further random selection before the
person is summoned again
• May be excused if they have been on jury service in the
criminal courts (not a coroner’s jury) in the previous 2
years
• Also applies where the court has excused someone for
further service for a period that has not yet ended – can
occur after a long and distressing trial – e.g. Soham
murders – ensures that no individual feels overburdened
by the duty
• Full-time member of the armed forces may also be
excused, if the commanding officer certifies to the Jury
Summoning Officer that absence would prejudice he
efficiency of the service
• The list of those who have a right to be excused jury
service or to apply for discretionary refusal is:
• Over 65 years of age
• Have served within the last 2 years
• Those who have religious beliefs that are incompatible
with jury service
• Full-time members of the armed forces
• Certain members of the medical profession
• European MPs
• Members of Parliament
There can be difficulties for potential jurors, particularly
solicitors, barristers and judges who are familiar with the
process and may be seen by other jurors ‘as knowing
what the result should be’.
Also they may be acquainted with members of the
prosecution or defence and this could lead to bias.
Barristers summoned for service are given guidelines by
the Bar Council, and judges by the Lord Chancellor.
• Jury Vetting
• ECHR requires trial by an independent and
impartial tribunal
• Vetting (checking before they are allowed to
serve) would seem to go against this principle
• However, there are 3 concerns that need to be
balanced against this principle:
– Jurors may be corrupt or biased
– National security
– Government may use vetting to secure a politically
attractive verdict
The first two suggest vetting is beneficial, the third
might outweigh he advantages though.
• Defence will not have access to the information
available to the prosecution, but may also wish
to check for disqualified persons or seek
assistance in obtaining information regarding a
totally unsuitable juror on the grounds of bias
• Right to challenge a juror can only be done ‘for
cause’ – ineligibility, disqualification or assumed
bias
• Defence will only have this option where a juror
is known to a member of the legal team – e.g.
challenge a known racist in a racial hatred case
Role and Process
• Offers to the defendant the opportunity of being tried by
equals
• Role is to return verdict of guilty or not guilty – this is
done by determining the facts
• Jury must apply the law, as explained by the judge in his
summing up, to those facts, and give their verdict
• Verdict should be unanimous – all 12 reaching the same
verdict – but majority verdict can be accepted by the
judge where all the jurors cannot agree
• In this situation, the judge decides that the decision is
acceptable if at least 10 of the jurors agree
• A majority decision can only occur when the judge
considers that enough time has elapsed – usually at
least 2 hours – depends on the case, and might not be
until the next day
• Jury is independent and should be free from
bias
• Random nature of the selection by the computer
starts the process
• When the juror reaches the court, there is
another random element – when they arrive at
court they go to the assembly area, this is a
room in the courthouse where jurors have to
check-in at the start of service and confirm their
ID
• The assembled potential jurors are shown a
DVD explaining their role and the courtroom
process
• When a court is ready to select a jury, a court
official chooses a group of people at random
from those in the assembly area
• More people are called into the courtroom than
the 12 required to make the jury – usually 15 –
this allows for the random selection process to
continue – means that no one can be a juror on
a case with which they have a connection
• Also, if a case is expected to go on for more
than 2 weeks, to allow for the fact hat there will
be some people who will be unable to serve on
the jury for that long
• Average trial lasts about a day and a half
• People may be called to sit on more than 1
trial – may mean more than 1 a day – but
depends on number of trials going ahead,
the size of the juror pool at court, and the
random selection of jurors from that pool
• At all times other than in the courtroom,
the jury will be kept apart from the other
people involved in the trial, expect for the
ushers, who help and guide jurors to the
correct place
• Jurors will listen to the evidence and see
the exhibits, such as items involved in the
crime, photos, CCTV images and
diagrams
• A juror can take notes, but can only be
used in the courtroom and the jury room –
cannot be taken home
• At the end of the trial, the notes will be
destroyed, because the whole process of
the jury’s deliberation is secret
• When the evidence has been completed and the
lawyers have finished their speeches, the judge
sums up the case to the jury and explains the
law
• Jury then retire to the jury room and consider
their verdict
• Each juror can only take into the jury room any
notes made during the trial, a copy of the
indictment (list of offences with which the D is
charged) and any exhibits submitted during the
trial that are allowed to be taken (i.e. photos and
diagrams)
• Jurors may not have access to mobile phones,
to ensure secrecy