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Juries - Coggle Diagram
Juries
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Summoning a Jury
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It a compulsory civil duty and failure to attend or unfitness is a contempt of court and will result in a £1,000 fine
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The jury is chosen from a random ballot in open court where the clerk will call out 12 jurors who are sworn in
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Vetting
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R v Aubrey, Berry and Campbell - reporter and a former MoD employee, communicating classified information, trial stopped as a juror was a former SAS found out as the jury were vetted for loyalty
R v Sheffield CC ex Parte Brownlow 1980 - the D’s were police officers and the jury was vetted for previous convictions
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R v Mason 1980 - convicted burglar appealed on the ground that the jury had been vetted for previous convictions - vetting was necessary
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This consists of checking that the potential juror does not hold ‘extremist’ views which would make them unsuitable for hearing a case
R v Obellim 1996 - judge has received a Q which displayed a lot of knowledge about police powers and suspected that a juror has previous convictions and should be disqualified, issues a security check without the knowledge of the defence - quashed D’s conviction
Jury Verdicts
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The judge tells them to reach a unanimous verdict, if they cannot then they must deliberate for two hours or more
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Criminal Cases
Only 1% of the criminal cases are decided by a jury, this amounts to around 30,000 trials a year
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They then retire to the jury room and deliberate until they reach a verdict, they reach a verdict only, the sentence if for the judge to decide
They also listen to witnesses, listen to the D, watch CCTV footage and may even visit the crime scene (Mark Bridger)
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Jury Secrecy
Under s.8 Contempt of Court Act 1981 - jury are forbidden to reveal anything that was said or done in their deliberations
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R v Young - ouija board was used to contact the victim - Lord Taylor “real danger what happened here influenced jurors and prejudiced D”
Joanne Frail - 8 months in prison as she sent a FB message to the D asking him out for a drink - Lord Judge - “flagrant breaches of the orders”
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Challenging the Jury
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To the array - whole entire jury s.5 Juries Act 1975 - they are not representative/have been chosen in a biased way
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Stand by
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Andrews - woman found next to her dead husband claimed she was hit, lots of press coverage, def lawyers said she could not have a fair trial but judge said no
Discharge of the Jury
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Gregory v UK - black D, they jury handed the judge a not asking for a juror to be excused due to racist comments being made, the judge did not do so and so the ECrtHR ruled that he did not have a fair trial
At the start of the case they will be asked if they know the D or have any connections and if they do they will be asked to step down
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