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The Jury (Selection and Appointment (Jurors are randomly selected from the…
The Jury
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Disqualification, Deferral and Excusal
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A juror can be discharged at court by the judge for insufficient understanding of English or of physical disability. Khanom (2007) - mp3 under hajib.
Disqualification:
-They are on remand or bail.
-5 year sentence of imprisonment- for life, less than 5 years or a community service-for 10 years.
-Persons registered under Mental Health Act 1983 no longer disqualified for life.
Vetting has 2 types of background checks of jurors:
1) Checks against criminal records.
2) Checks in terrorist or national security cases.
Vetting other police records is possible with approval of the Attorney General.
Jury Challenges
Challenge to the Array-Prosecution or defence can challenge the entire jury panel if its not representative of society. A judge cannot discharge a jury to achieve a racially mixed jury (R v Ford 1989)
Stand By-Prosecution only where they can ask a juror to step down without giving reasons (usually due to something discovered in vetting.
Challenge for Cause-Where a juror is disqualified by either the prosecution or defence with reasons.
This has been revealed as a result of jury vetting.
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Jury Role in Civil Cases
Senior Courts Act 1981 only provides a right to trial by a jury in the High Court in 4 types of cases: defamation, fraud, malicious prosecution and false imprisonment.
Used in the County Court for actions against the state. In all other civil cases the right to jury trial is at the discretion of the court.
The jury will determine the facts and the damages. A trial by jury will be granted unless the court believes he court requires prolonged examination of documents.
Ward v James (1966) - the CA stated that trial should be by judge alone in personal injury cases unless there were special considerations.
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