Jurors play a fundamental role in the English Legal system. In criminal cases a jury of 12 hear cases in the Crown court and decide if the defendant is guilty or not guilty in indictable offences and some triable-either-way offences. The right to a trial by jury can be traced back to the Magna Carta 1215. The jury system ensures a trial by one's peers and is seen as a bastion of civil liberties; acting as a check on officialdom and the judge's power. Juries are not often used in civil cases but when they are used there is a jury of 8 in the County Court or a Jury of 12 in the High court. Jurors are also used in a small number of cases in the coroners court.
Jury Qualifications
Section 1 of the Juries Act 1974 as amended by s.321 Criminal
Justice Act 2003 provides that to qualify for jury service a person must be:
- aged
between 18 and 76,
- registered on the electoral roll,
- have lived in the UK, channel Islands or Isle of Man for at least five years since the age of 13 and:
- not
disqualified.
Those who are disqualified are set out in Schedule 1 of the
Juries Act and include those who lack the mental capacity under the Mental
Capacity Act 2005 and people with certain criminal convictions, anyone
sentenced to imprisonment for five years or more and those currently on bail in
criminal proceedings.
Prior to the Criminal Justice Act 2003 certain people were
excused from jury service as of right. This included:
- anyone aged 65-70 years
old,
- anyone who did jury service in the last two years,
- Members of Parliament,
- the medical profession,
- the armed forces, and;
- practicing members of a religious
society.
Now all excusals are at the discretion of the judge. A
person must put forward ‘good reasons’ for example having to sit an exam or a holiday
has been booked. The judge will then decide whether to allow such excuses and
may defer rather than give a complete excusal.
The Criminal Justice Act 2003 Sch 33 made it possible for members
of the legal profession and even judges to serve on a jury. Prior to this they
were ineligible. 2 months after the Criminal Justice Act was implemented Lord
Justice Dyson was called for jury service.
Jurors may also be discharged by the judge for lack of
capacity under S.9B(2) Juries Act 1974 inserted by s.41 Criminal Justice and
Public Order Act 1994. This covers physical and mental disabilities and
language difficulties. Mr Mc Whinney, a deaf man appealed against judge’s
decision to discharge him. He lost his appeal as only 12 people are allowed in
the deliberation room so no person to sign could be used. Also it was
considered that the tone of voice of witnesses was important for jurors to help
determine if they are reliable and credible. The right of the defendant to a
fair trial outweighed the right of Mr McWhinny to do jury service.