Juries

Juries

Selection
1. Jury summons through the post
  1. Reply within 7 days or fine of up to £1000
    1. usually 10 working days
2. wait in the jury pool
  1. court official will choose 15 people
    1. court clerk shuffle names, first 12 read out
      1. if a juror knows someone involved in the case then they cannot sit
3. routine police check
  1. or wider background check
    1. requires permission from Attorney General
      1. ABC Trial
Role
1. used in 1% of cases
2. In the crown court for more serious cases
3. jury of 12, judge guides on the relevant law
4. decide on the facts by consideration of the evidence
5. reach a verdict of 'guilty' or 'not guilty'
6. reach a unanimous verdict but (10-2) accepted to reduce the number of retrials and counteract jury tampering
  1. section 44 Criminal Justice Act
    1. can be heard by judge alone
      1. R v Twomey
7. if deliberating more than two hours
  1. if 11 jurors 10-1
  2. if 10 jurors 9-1
  3. 9 jurors unanimous
8. civil cases
  1. decide if 'liable'
  2. County court (8 jurors) or High court
  3. defamation, fraud, treasure trove
  4. rarely used
Advantages and Disadvantages
1. public participate in the justice system
2. jury equity
3. representative of society
4. decisions are made away from external influence
5. civil cases difficult to understand
6. most don't have knowledge of how the law works
Bushell's Case
1. R v McKenna
2. R v Ponting
3. R v Owen
Qualifications
1. 18-70
2. on electoral register
3. Resident in the UK for at least 5 years (since 13th birthday)
4. Disqualified if they have served a prison sentence of 5 years or more
5. Deferred under certain circumstances, decisions made by the Jury Central Summoning Bureau
6. Excused 'as of right' if aged 65-70
7. Incapable if deaf, blind, don't speak English
8. Ineligible if a person has a mental disorder
9. Criminal Justice Act 2003 stopped certain professions being ineligible
Challenging
1. Challenge the Array if unrepresentative
  1. Section 5 Juries Act
  2. R v Fraser
2. Challenge for Cause to remove individual
  1. R v Wilson
3. Stand by for the crown to use juror as a last resort
  1. After challenging, jury is sworn in
alternatives and reform
1. allow judge to assist them
2. professional jurors

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	Criado por ellenrose5 mais de 9 anos atrás