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Juries (Role of jury (During trial, jurors are "sole judges of…
Juries
Role of jury
During trial, jurors are "sole judges of fact". Weigh up evidence presented by pros and def (CCTV, visit crime scene - Mark Bridger. Can ask questions to Judge - Vicky Pryce trial jury asked 10 Qs. However, judge cannot direct or influence jury (Bushell; Wang), as this would breach right to fair trial (Article 6 ECHR).
Jury must retire in secret to consider verdict - not permitted to discuss case with outsiders or research (Criminal justice aand Court Act 2015) - Dallas sentenced for 6 months for outside research into D.
Jurors hear cases in Crown court - TEW and indictable offences where D pleads not guilty. Around 1% of all criminal cases. 12 jurors taken to hear case with 3 held in reserve. If no objections to panel, jurors sworn in.
Jury can reach decision according to conscience - jury equity (Owen; Ponting) and jurors do not have to give reason for decision.
Jury selection
Initial selection: Names selected at random by computer at JCSB. Jurors have 7 days to reply to summons - no attendance could mean fine of up to £1000. Service usually lasts 2 weeks but can be longer - 9 month R Brookes trial.
Selection at Court: At court jurors join jury pool - 15 selected at random for each case. First 12 taken to hear case with 3 held in reserve. If no objections to panel, jurors are sworn in.
Jurors eligible to be selected if on electoral register, between 18-75 (age limit increase in Dec 2016), resided in UK, Channel Islands or Isle of Man for at least 5 years from 13.
Disqualified if on bail, sentenced to 5+ years imprisonment (life DQ) or if sentenced to less than 5 or community sentence (10 yr DQ). Those reg under Mental Health Act 1983 no longer life DQ - Mental Health (Discrimination) Act 2013.
Evaluation of jury
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Advantages
Ensures public confidence in criminal justice system though use of lay people. System seen to be open, fair and transparent - law understood by all.
Jury equity introduces element of fairness into law,safeguard against infaur laws or prosecutions (Ponting) allowing jurors to go against law. Devlin: juries are "the lamp that shows that freedom lives".
Public participation in democratic process - ordinary citizens participate and make decisions. Devlin : "Every jury is a little Partliament".
Disadvantages
Composition - despite changed made by CJA 2003 estimated 1 in 10 people not on electoral register (18-25, minorities). Over 70 excluded, blind and deaf.
Complex and lengthy cases mean jury may not be suited to dealing with complexity of arising issues - Jubilee Line Case lasted 21 months. Now possible to have trial by judge alone under CJA 2003.
Jury can suffer from lack of competence/ understanding - no legal training means lmited understanding of complex legal concepts such as intention (Vicky Pryce trial - 10 Qs illustrated lack of understanding from jury.)
Last year, around 369,000 people were summoned for jury service in crown court trials. Qualification criteria set out in Juries Act 1974 as emended by S321 CJA 2003.