Jury Service in Criminal Courts

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Questions and Answers

A jury in the Crown Court consists of 10 members.

False (B)

To qualify for jury service, a person must be aged between 18 and 75 inclusive.

True (A)

Only 2% of all criminal trials are conducted with a jury.

True (A)

People disqualified from jury service can still serve if they have completed their sentence.

<p>False (B)</p> Signup and view all the answers

A person who has served a term of imprisonment of five years or more is disqualified from jury service for life.

<p>True (A)</p> Signup and view all the answers

To be eligible for jury service, one must be ordinarily resident in the UK for at least five years since their sixteenth birthday.

<p>False (B)</p> Signup and view all the answers

Those currently on bail in criminal proceedings are eligible to serve as jurors.

<p>False (B)</p> Signup and view all the answers

A person with a suspended sentence within the last ten years is disqualified from jury service for ten years.

<p>True (A)</p> Signup and view all the answers

A person suffering from a mental handicap can be excused from jury service.

<p>True (A)</p> Signup and view all the answers

Doctors and pharmacists have an automatic right to be excused from jury service after April 2004.

<p>False (B)</p> Signup and view all the answers

Full-time members of the armed forces can skip jury service if their commanding officer certifies it would harm their duty efficiency.

<p>True (A)</p> Signup and view all the answers

Temporary illness is not considered a valid reason for requesting a deferral of jury service.

<p>False (B)</p> Signup and view all the answers

The court always excused individuals with disabilities from jury service.

<p>False (B)</p> Signup and view all the answers

Examinations that cannot be rescheduled are considered a sufficient reason for a jury service deferral.

<p>True (A)</p> Signup and view all the answers

All summoned individuals are expected to serve at the time for which they are summoned.

<p>True (A)</p> Signup and view all the answers

A mother with a small baby has the right to be completely excused from jury service.

<p>False (B)</p> Signup and view all the answers

Flashcards

Jury trial percentage in criminal cases

Jury trials make up about 2% of all criminal trials in the UK.

Jury size in Crown Court

A jury in the Crown Court has 12 members.

Jury service age requirement

To be eligible for jury service, one must be between 18 and 75 years old.

Jury service residency requirement

A person must be ordinarily resident in the UK, Channel Islands, or Isle of Man for at least five years since their 13th birthday to sit on a jury.

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Permanent jury disqualification

Sentences like life imprisonment, public protection orders, and five-year-plus sentences result in permanent disqualification from jury duty.

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Temporary jury disqualification

Serving a sentence of imprisonment within the last 10 years, a suspended sentence within the past 10 years, or a community order within the past 10 years temporarily disqualifies someone from jury service.

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Bail and jury service

People currently on bail in criminal proceedings are disqualified from serving on a jury.

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Penalty for undisclosed disqualification

Failing to disclose a disqualification and participating in jury service can lead to a fine of up to £5,000.

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Mentally disordered person (CJA 2003)

A person with a mental illness, psychopathic disorder, mental handicap, or severe mental handicap, who is in a hospital or similar institution, regularly attends treatment, is under guardianship (Mental Health Act 1983), or deemed incapable of managing their affairs (Mental Health Act 1983, Part 7).

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Jury service excusal (doctors/pharmacists)

Prior to April 2004, professionals like doctors in essential occupations could refuse jury service. The Criminal Justice Act 2003 removed this exception.

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Jury service excusal (full-time forces)

Full-time members of the armed forces can be excused from jury duty if their commanding officer certifies it's detrimental to service efficiency.

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Discretionary excusal (jury service)

A person can request a change to their jury service date or be excused if significant difficulties exist, justifying a postponement or exemption.

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Standard jury service expectation

Serving when summoned for jury duty is generally expected unless there are compelling reasons to delay the service.

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Exceptions to jury duty

There are specific situations, such as health issues, disabilities, or exceptional circumstances, which may allow for a postponement or excusal from jury duty on a case-by-case basis.

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Criminal Justice Act 2003 (impact on jury service)

Significant changes to who can be excused from jury duty; ended prior exemptions but allowed discretionary excuses.

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Jury service deferral

A postponement of the jury service to a later date, instead of an outright excuse, if valid reasons for a disruption in the service exist.

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Study Notes

Jury Service in Criminal Courts

  • Juries primarily decide guilt or innocence in Crown Court criminal trials.
  • Jury trials account for only 2% of all criminal trials. Magistrates' Courts handle 94%. In Crown Court cases, about two-thirds of defendants plead guilty.
  • Crown Court juries have 12 members.

Jury Qualifications

  • Eligibility is defined by the Juries Act 1974 (amended).
  • To qualify, a person must be:
    • Aged 18 to 75 (increased from 70 in 2015).
    • Registered parliamentary or local government elector.
    • Ordinarily resident in the UK, Channel Islands, or Isle of Man for at least 5 years since age 13.

Jury Disqualification

  • Permanent Disqualification:

    • Imprisonment for life, detention for life, or custody for life.
    • Detention during HM pleasure or SoS pleasure (young offenders).
    • Imprisonment or detention for public protection.
    • Extended sentences.
    • Imprisonment or detention for 5 years or more.
  • 10-Year Disqualification:

    • Imprisonment sentence in the last 10 years.
    • Suspended sentence in the last 10 years.
    • Community order or other community sentence in the last 10 years.
  • Current Bail Disqualification:

    • People on bail in criminal proceedings.
  • Failing to disclose disqualification results in a fine of up to £5,000.

Mentally Disordered Persons

  • Defined by the Criminal Justice Act 2003 as:
    • People with mental illness, psychopathy, or mental handicap residing in or regularly attending treatment in a hospital or similar institution.
    • People under guardianship under Mental Health Act 1983, section 7.
    • People deemed incapable of managing their affairs under Mental Health Act 1983, Part 7.

Right to Excuse Jury Service (Changed)

  • Prior to 2004, some essential occupations (doctors, pharmacists) could be excused; this was abolished in 2003.
  • Excusal is now discretionary.

Discretionary Excusals

  • Those facing significant hardship in fulfilling jury duty can request a deferral or excusal.
  • Courts consider the necessity for good reason. Examples include medical issues, disabilities, caring for a small child; or important business, examinations, or previously booked holidays.
  • Court aims to defer service instead of complete excusal, preventing high numbers of discretionary requests, as indicated by guidance for summoning officers.

Forces Members

  • Full-time serving forces members are exempt if their commanding officer certifies their absence would harm the service's efficiency.

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