Delve into the topic of juries with this comprehensive study resource. Explore landmark cases that have influenced the role of juries, shedding light on their significance within the legal system. Gain a deep understanding of the independence of juries and the measures in place to ensure their impa...
-Juries-
Juries have been in the legal system for over 1000 years originally used to provide local knowledge and
info and acted more as a witness than decision makers
INDEPENDENCE OF THE JURY
The independence off the jury was firmly established following Bushell's case (1670). This case established
that the jury applied the law the judge set out for them to the facts of the case.and a judge could not
challenge their decision.
JURIES IN CRIMINAL CASES
The most important use of juries today is in the crown court deciding whether the defendant is guilty or
not. However Jury trials only take up 2% of Criminal cases. A jury in a crown court has 12 members
JURY QUALIFICATIONS
BASIC QUALIFICATIONS
The qualifications set out in the Juries Act (1974). A person must be:
- Aged 18-75
- Registered on the electoral register
- Resident of the UK for at least 5 years since their 13th birthday
DISQUALIFICATIONS
One is disqualified if they have been sentenced to:
- Life imprisonment
- Detention during her Majesties pleasure (offenders under 21)
- Imprisonment for public protection
- An extended sentence
- Imprisonment for 5 years or more
One will be disqualified for 10 years if in the last 10 years one has:
- Served a sentence of imprisonment
- Had a suspended sentence passed on them-
- Had a community order
Anyone on bail is also disqualified from sitting as a juror. If a disqualified person turns up for jury service
they may be fined £5,000
, MENTALLY DISORDERED PERSONS
This category includes:
- Those who are in a hospital or regularly attend because they suffer from mental illness or handicap
- A person under guardianship under s 7 of the Mental Health Act
- A person who has been determined incapable of administering their property and affairs by a judge
None of these are allowed to do Jury service
THE RIGHT TO BE EXCUSED JURY SERVICE
Full time serving member of the forces can be excused if their commanding officer certifies their absence
from duty would affect the efficiency of the service
DISCRETIONARY EXCUSALS
Anyone that has problems stopping them from doing jury service may ask to be excused or for their
period of service to be put back to a later date. The court will only grnat such an excusal if there is a
sufficiently good reason:
- Being too ill
- Being a mother to a small baby
- Business appointments
- Examinations
- Holidays that have been booked
If a person isn't excused and does not attend they risk being fine up to £1,000
LAWYERS AND POLICE OFFICERS
Judges and others involved in the administration of justice within the previous 10 years used to be
illegible. This category was abolished by the Criminal Justice Act (2003)
LACK OF CAPACITY
A judge can discharge a person from being a juror for lack of capacity to cope with the trial (They don't
understand English, disability - blindness)
The Juries Act 1974 makes it clear that the mere fact that a person is disabled does not prevent someone
from being a juror
DEAF JURORS: Those who are deaf and need a sign language interpreter cannot sit as jurors
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