Criminal Courts and Lay People
Jurors
The Criminal Courts and Lay
People
Jurors
© The Law Bank
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Criminal Courts and Lay People
Jurors
Objectives
• Describe the qualification and selection of jurors
• Describe the role of jurors
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Criminal Courts and Lay People
Jurors
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
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Criminal Courts and Lay People
Jurors
Introduction
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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
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Criminal Courts and Lay People
Jurors
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
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Criminal Courts and Lay People
Jurors
Disqualification
• Bail – if a person summoned is on bail
• Conviction: has ever been sentenced to:
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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
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Criminal Courts and Lay People
Jurors
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
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Criminal Courts and Lay People
Jurors
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
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Criminal Courts and Lay People
Jurors
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
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Criminal Courts and Lay People
Jurors
Excusal
• List includes:
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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
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Criminal Courts and Lay People
Jurors
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:
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Jurors may be corrupt or biased
National security
Government may use vetting to get the ‘right result’
(Defence have limited access to information)
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Criminal Courts and Lay People
Jurors
Role and Process of Jury
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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)
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Criminal Courts and Lay People
Jurors
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
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Criminal Courts and Lay People
Jurors
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
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Criminal Courts and Lay People
Jurors
Role and Process of Jury
• Jury:
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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
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Criminal Courts and Lay People
Jurors
Objectives
• Describe the qualification and selection of jurors
• Describe the role of jurors
© The Law Bank
16