The jury system or right to a trial by jury is often described as the 'jewel in the crown' or the 'corner-stone' of the British criminal justice system
Jury System
The jury system is often described as the 'jewel in the crown' or the 'corner-stone' of the British criminal justice system1 Juries are used in both criminal and civil cases and the law concerning juries is consolidated in the Juries Act 19742 A jury is defined as a body of persons convened by process of law to represent the public at a trial or inquest and to discharge upon oath or affirmation defined public duties.3 The jury's duty is to return verdicts upon issues joined in courts of civil and criminal jurisdiction or findings of fact at coroners' courts. The role of the jury is four-fold: - to weigh up the evidence and decide what the true facts of the case are, to listen to the directions of the judge as to the relevant law and then apply the law to the facts before reaching a verdict. Trial juries are only used in the Crown Court, High Court or a county court. Juries of inquiry are used in coroner's courts4
In England and Wales, the Lord Chancellor is responsible for summoning jurors to service, a process which is administered by the Central Juror Summoning Bureau. The selection of a jury is carried out by an official at the court5 who selects names at random from a list of electors for the area covered by the court.
Jurors usually try the more serious cases such as assault, burglary, fraud or murder. These trials take place in the Crown Court where they are normally heard by a jury of 12 people although this is no longer always carried out in practice.6 A county court jury must consist of eight persons and a coroner's jury must consist of not less than seven or more than eleven persons. In the High Court and the Crown Court juries may consist of any number of persons up to a maximum of 12 (see Muirhead v Evans (1851)7) although in the Crown Court there must be at least nine. Under recent legislation however, where evidence reveals a case of serious or complex and the trial is likely to take a long time and be potentially burdensome, a trial judge may make an order for the case to be conducted without a jury.8
Every person is qualified to serve as a juror provided they are aged 18 to 70, on the electoral register, have been ordinarily resident in the United Kingdom, the Channel Islands or Isle of Man for a period of five years since the age of 13, are not mentally disordered and are not disqualified from jury service. Persons disqualified from jury service include those sentenced to imprisonment for life, detention for life, custody for life, detention during Her Majesty's pleasure or imprisonment for public protection or detention for public protection, or to a term of imprisonment of five ...
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Every person is qualified to serve as a juror provided they are aged 18 to 70, on the electoral register, have been ordinarily resident in the United Kingdom, the Channel Islands or Isle of Man for a period of five years since the age of 13, are not mentally disordered and are not disqualified from jury service. Persons disqualified from jury service include those sentenced to imprisonment for life, detention for life, custody for life, detention during Her Majesty's pleasure or imprisonment for public protection or detention for public protection, or to a term of imprisonment of five years or more or a term of detention of five years or more. Similarly a person who at any time in the last ten years served any part of a sentence of imprisonment or a sentence of detention, or had passed on him a suspended sentence of imprisonment or a suspended order for detention or has received a community order, community rehabilitation order, community punishment order, community punishment and rehabilitation order, drug treatment and testing order or drug abstinence order, or who is on bail in criminal proceedings will be disqualified from jury service. Previously, certain types of individuals such as policemen or those serving in the judiciary were disqualified from jury service. However, following amendment of the Juries Act 1974 by the Criminal Justice Act 2003, such individuals are no longer considered ineligible for jury service9 (see recent Court of Appeal case R v Abdroikov; R v Green; R v Williamson10). A person summoned for jury service may be excused or have his attendance deferred if he can show good reason to the satisfaction of the summoning officer11 or they may appeal the decision if they are refused.12 Conversely, a judge can discharge a juror if in his or her opinion, the person is incapable of acting effectively as a juror on account of a physical disability.13 A judge may also discharge any juror or even the whole jury, to prevent scandal or the perversion of justice.14 Jury service is compulsory and failure to attend is considered contempt of court and can result in a fine.15 Similarly, it is an offence to publish or solicit for publication details of what happens in a jury room.16
In the civil court, the Supreme Court Act 1981 gives a qualified right to jury trial in four types of cases - libel and slander, malicious prosecution, false imprisonment and fraud. In civil cases the jury will decide whether the case has been proved and the amount of damages to be awarded. In the Coroner's Court a jury must be used to inquire into deaths which have occurred in prison or police custody, in an industrial accident or in circumstances where public health and safety is involved.
Juries must be duly empanelled and returned17 and individual jurors or the complete jury may be challenged by the accused or by the Crown but only before the jurors are sworn. The verdict of a jury in the Crown Court or High Court need not be unanimous; if there are 11 jurors ten of them must agree or where there are ten jurors nine of them must agree. The verdict of a complete jury of eight in a county court need not be unanimous if seven agree. No court may accept a majority verdict unless the jury has had a reasonable period for deliberation. Accordingly, the Crown Court may not accept a verdict unless the jury has had at least two hours for deliberation.18 A jury's verdict must be given in open court in the presence of all jurors and preferably in the presence of the defendant. Once discharged, a jury is functus officio and any proceedings involving the jury are a nullity.
Reference List
Auld Report 2002 - Review of the Criminal Courts of England and Wales
Coroner's Act 1988 s 8(2).
County Court Act 1984 s67
Criminal Justice Act 1972 s 64(2), Sch 6 Pt 1.
Criminal Justice Act 2003
Criminal Justice Act 2003 Sch 33 paras 1, 2 and 15.
Criminal Justice Act 2003 ss 321, 332, Sch 33 paras 1, 3, Sch 37 Pt 10
Criminal Justice Act 2003 Pt 7
Elliot C. and Quin F. (2002) English Legal System, Chap. 5 The Jury System, p 160, Pearson Education Limited
Halsury's Laws of England (Fourth Edition 2004 Reissue), Vol. 26, Juries, 1. Constitution and Duties of Juries, para. 501
Halsury's Laws of England (Fourth Edition 2004 Reissue), Vol. 26, Juries, 1. Constitution and Duties of Juries, para. 548
Juries Act 1974 s20(1)
Juries Act 1825 s26
Juries Act 1974 s 9B
Juries Act 1974 s 9(3)
Muirhead v Evans (1851) 6 Exch 447 at 449
R v Abdroikov; R v Green; R v Williamson [2005] EWCA Crim 1986. Subject to the Juries Act 1974 s 9A(1A) (as added) and s 9A(2).
Auld Report 2002 - Review of the Criminal Courts of England and Wales
2 As amended by the Criminal Justice Act 2003.
3 Halsury's Laws of England (Fourth Edition 2004 Reissue), Vol. 26, Juries, 1. Constitution and Duties of Juries, para. 501
4 Coroner's Act 1988 s 8(2).
5 Normally the chief clerk at the Crown Court
6 The Juries Act 1825 s26 which laid down that a jury must consist of 12 men, was repealed by the Criminal Justice Act 1972 s 64(2), Sch 6 Pt 1.
7 Muirhead v Evans (1851) 6 Exch 447 at 449 where the presence of 13 persons improperly in the box if not discovered until after the verdict, was deemed ground for a new trial.
8 Part 7 Criminal Justice Act 2003
9 See the Criminal Justice Act 2003 ss 321, 332, Sch 33 paras 1, 3, Sch 37 Pt 10
0 [2005] EWCA Crim 1986. Here the Court of Appeal (Criminal Division) heard together three separate appeals as each defendant had raised issues as to the composition of the jury at their respective trials. Objection had been taken to the inclusion on the jury of two serving police officers and to a juror who had been employed as a prosecuting solicitor by the Crown Prosecution Service. Dismissing the appeals, the Court held that police officers, members of the prosecution service or other persons involved in the administration of justice, including judges, should not automatically be regarded as being disqualified because of their occupation. Provided they had no personal knowledge of the defendant or others involved in the trial, they could in their capacity as a citizen be expected to comply with the terms of their oath and the directions which the judge would give them.
1 Subject to the Juries Act 1974 s 9A (1A) (as added) and s 9A(2).
2 Juries Act 1974 s 9(3)
3Juries Act 1974 s 9B
4 Elliot C. and Quin F. (2002) English Legal System, Chap. 5 The Jury System, p 160, Pearson Education Limited
5 Juries Act 1974 s20(1)
6 Contempt of Court Act 1981
7 County Court Act 1984 s67
8 Halsury's Laws of England (Fourth Edition 2004 Reissue), Vol. 26, Juries, 1. Constitution and Duties of Juries, para. 548
