• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

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

Extracts from this document...


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. ...read more.


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. ...read more.


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. 11 Subject to the Juries Act 1974 s 9A (1A) (as added) and s 9A(2). 12 Juries Act 1974 s 9(3) 13Juries Act 1974 s 9B 14 Elliot C. and Quin F. (2002) English Legal System, Chap. 5 The Jury System, p 160, Pearson Education Limited 15 Juries Act 1974 s20(1) 16 Contempt of Court Act 1981 17 County Court Act 1984 s67 18 Halsury's Laws of England (Fourth Edition 2004 Reissue), Vol. 26, Juries, 1. Constitution and Duties of Juries, para. 548 ?? ?? ?? ?? 1 ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Machinery of Justice section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Machinery of Justice essays

  1. Marked by a teacher

    ‘Trial by jury is outdated, expensive and ineffective in ensuring justice’ Analyse arguments for ...

    4 star(s)

    so permitting the presiding judge to create a jury which included a number of people from ethnic minority backgrounds (Sanders & Young, 200:565). This suggestion, however, was never used as it was felt that race was not the only issue affecting juries, so there was no need to single out one issue over many.

  2. The Bail Act 1976 gives a general right to bail, no matter how serious ...

    bail, or does not interfere with witnesses or otherwise obstruct the course of justice (s3 Bail Act 1976, as amended by s27 CJPOA 1994).where defendant is charged with a serious offence and has a previous conviction for such an offence, bail only granted in exceptional circumstances - Criminal Justice and

  1. Describe trial by jury within the English legal system. How effective is trial by ...

    and practicing members of a religious group whose beliefs are not compatible with jury service. If a person is not excused from jury service, they must attend on the date set, or they may be fined up to �1,000 for non-attendance.

  2. Why was the Crown Prosecution Service (CPS) created?

    two years later they were removed because they had been found to be an unnecessary layer of management. The was a structure of 13 areas by 1993, and because the areas were now larger they had more responsibilities for the performance and management of all the branches.

  1. Weakness in the Jury System

    The conviction was quashed. Also in the case of Vaise v Delaval, the defendant sought to produce two affidavits saying that the jury had resolved the case by tossing a coin. Jury may also be influenced by external factors such as media.

  2. Strength of the Jury System

    Although there was no defence, Jury refsed to convict. This shows that jury may be able to fill in the gaps of the law. Juror decision are independent of the judge and anyone else. They don?t have to explain their reasons for decision which allows them to make decisions that reflect their conscience and which genuine justice deserves.

  1. Advantages of the jury system

    Lord Delvin said that 'Juries are the lamp which show that freedon lives'.There are sevaral advantages of juries.One is that it includes asking 12 jury members w ho ve no legal knowledge and no training to take the decision on a defendant's innocence or whether the defendant is guilty .This

  2. Access to Civil Justice in This Age of Austerity

    There is clear Evidence to show that these cases do not necessarily take longer. Yet on the flipside, it must be argued that based on the recent history of legal aid policy the Legal Action Group (LAG) is making a number of predictions about the near future.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work