Juries

The Role of Juries

• Sit in benches of 12 in Crown Court
• Hear indictable offences, like murder, and some triable either-way offences, such as GBH  and ABH.
• Hear 1% of all criminal cases, around 20,000 cases a year
• Are the arbiters of fact, not law
• Sit in a case for roughly 2 weeks
• Decide if the defendant is guilty or not guilty
• They hear evidence, such as photos, statements and cctv, from the prosecution and defence
• Deliberate in secret to reach either a unanimous vote or, since the Criminal Justice Act 2003, majority votes of 11-1 or 10-2
• Elect a foreman to announce the defendant's guilt
• Do not have to give reason for their decision and the Judge must follow it even if they do not agree

Qualification & Disqualification of Jurors

Qualifications

• Juries Act 1974 states the qualifcations:
• Aged 18-70
• On the electoral role
• Resident in the UK for 5 years since their 13th birthday

Disqualifications

• On bail
• Been imprisoned for life
• Served any part of a prison sentence in last 10 years
• Suffers from a mental health disorder
• Has a physical ability that would alter performance

Deferral and Excusal of Jury Service

Deferral

• Anyone can apply
• Defers Jury service for up to 12 months
• Needs to be for a good reason, ie examination or holiday
• Almost 75% of deferral applications are for work commitments

Excusal

• Takes person off list for 12 months

Can be excused if:

• Served on Jury in last 2 years
• Over 65 years old
• Have religious beliefs incompatible with Jury service
• Full time member of the armed forces
• Certain members of the medical profession
• MPs

Advantages & Disadvantages of Juries

Advantages:

• Public participation in the legal system inspires confidence in the public
• Juries are racially balanced and don't discriminate
• Produce perverse verdicts which are of public opinion and justice

Disadvantages:

• Jurors do not need a reason for decision and can decide on a whim
• They are not truly representative of society as too many people are disqualified
• Some Jurors can be affected by Jury service in horriffic cases, some Jurors have gone on to recieve counselling
• They can be seen as having a lack of ability, which has resulted in them being removed from complex fraud trials