Juries

Introduction

The jury is one of the most distinctive and celebrated features of the English legal system. The right to trial by jury is often described as a fundamental constitutional right and a cornerstone of English democracy. Yet the jury system is also the subject of significant criticism and ongoing debate about its effectiveness. For AQA A-Level Law, you need to understand the qualification, selection, and role of jurors, as well as the rules on jury secrecy, the advantages and disadvantages of the system, and reform proposals.

Historical Background

Trial by jury has its origins in the Norman Conquest and the medieval period. The Magna Carta (1215) is often cited as guaranteeing the right to trial by one's peers, though the modern jury bears little resemblance to its medieval precursor. By the 18th century, the jury had become a symbol of liberty and democratic participation in the justice system. Bushell's Case (1670) established the principle that jurors cannot be punished for their verdict — this affirmed jury independence and the possibility of jury equity (the power of the jury to acquit even against the evidence and the law).

Qualification for Jury Service

The qualification requirements for jury service are set out in the Juries Act 1974 (as amended by the Criminal Justice Act 2003).

Eligibility

To be eligible for jury service, a person must be:

• Aged between 18 and 75 (the upper limit was raised from 70 to 75 by the Criminal Justice Act 2003).
• Registered on the electoral roll (this is the primary means of selecting potential jurors).
• A resident of the United Kingdom, Channel Islands, or Isle of Man for at least 5 years since the age of 13.
• Not disqualified or mentally disordered.

Disqualification

Certain persons are disqualified from jury service:

Category	Period of Disqualification
Persons sentenced to imprisonment for 5 years or more	Permanently disqualified
Persons sentenced to imprisonment (less than 5 years)	Disqualified for 10 years from date of release
Persons given a suspended sentence, community order, or similar	Disqualified for 10 years from the date of the order
Persons currently on bail	Disqualified while on bail
Persons suffering from a mental disorder	Disqualified while the condition persists

The Criminal Justice Act 2003 Changes

Before the Criminal Justice Act 2003, many categories of people were excused as of right from jury service, including:

• Lawyers, judges, police officers, and other legal professionals.
• Members of Parliament, peers, and members of the armed forces.
• Members of the clergy and those with religious objections.
• Medical professionals and others in certain occupations.

The Criminal Justice Act 2003 removed almost all of these categories. Since 2004, virtually everyone who is eligible can be called for jury service, including judges, barristers, solicitors, police officers, and Members of Parliament. This reform was designed to make juries more representative of the population.

However, any person can apply for a deferral (postponement) of jury service on grounds of inconvenience, and the court retains a discretion to excuse individuals in exceptional circumstances.

Selection and Vetting

Random Selection

Jurors are selected randomly from the electoral register by a computer at the Central Summoning Bureau. Random selection is a fundamental principle of the jury system — it ensures that juries reflect a cross-section of the community.

When summoned, jurors attend the court on the specified date. In the jury assembly area, they are again randomly selected by ballot for a particular case. The selection is done by the clerk of the court, who draws names at random.

Vetting

There are two types of jury vetting (background checks on potential jurors):

1. Police checks (routine) — The police may check potential jurors against criminal records to identify anyone who is disqualified. This is carried out as a matter of routine, with the approval of the Attorney General.

2. Authorised checks (exceptional) — In cases involving national security or terrorism, the Attorney General may authorise more extensive checks, including Special Branch and security service records. These are rare and require the personal authorization of the Attorney General (Attorney General's Guidelines on Jury Checks, 1988).

Challenges

At trial, the prosecution and defence can challenge potential jurors:

Challenge for cause — Either side can challenge a juror if they can show a specific reason why that juror is not suitable (e.g., the juror knows one of the parties, or there is evidence of bias). The reason must be stated and the judge decides whether to accept it.

Stand by for the Crown — The prosecution has the right to ask a juror to "stand by" (step aside) without giving a reason. This power should only be used in exceptional circumstances, such as cases involving national security. Defence has no equivalent right.

Note: The defence right of peremptory challenge (challenging jurors without giving a reason) was abolished by the Criminal Justice Act 1988, s.118. Before its abolition, the defence could challenge up to 3 jurors without reason.

graph TD
    A["Jury Selection Process"] --> B["Electoral Register"]
    B --> C["Random computer selection by Central Summoning Bureau"]
    C --> D["Jury summons sent to potential jurors"]
    D --> E["Attend court on specified date"]
    E --> F["Random ballot for specific case"]
    F --> G{"Challenges?"}
    G -->|Challenge for cause| H["Judge decides"]
    G -->|Stand by for Crown| I["Juror stands aside"]
    G -->|No challenge| J["Juror sworn in"]
    style A fill:#8e44ad,color:#fff
    style J fill:#27ae60,color:#fff

Role of the Jury

In Criminal Cases

The jury's role in criminal cases is to:

1. Listen to the evidence presented by the prosecution and defence.
2. Decide questions of fact (the judge decides questions of law).
3. Apply the law (as directed by the judge) to the facts.
4. Reach a verdict — guilty or not guilty.

The standard of proof is beyond reasonable doubt — the prosecution must prove the defendant's guilt so that the jury is sure.

Unanimous and majority verdicts:

• The jury should first attempt to reach a unanimous verdict (all 12 agree).
• If, after at least 2 hours and 10 minutes of deliberation, a unanimous verdict cannot be reached, the judge may direct the jury that they can reach a majority verdict.
• A majority verdict must be at least 10-2 (or 11-1, 10-1, or 9-1 if some jurors have been discharged during the trial). The minimum majority is 10 out of 12, as provided by the Juries Act 1974, s.17.
• A majority verdict of guilty must be announced in open court with the foreman stating the number who agreed and dissented.

In Civil Cases

Jury trial in civil cases is now rare. Under s.69 of the Senior Courts Act 1981, there is a right to jury trial in the County Court or High Court only in cases of:

• Defamation (libel and slander).
• False imprisonment.
• Malicious prosecution.
• Fraud (where alleged against a party).

In all other civil cases, jury trial is at the discretion of the judge and is almost never granted.

In the Coroner's Court

Juries also sit in the Coroner's Court to determine the cause of death in certain types of inquest (e.g., deaths in custody, deaths resulting from police actions, or deaths at work).

Jury Secrecy

Jury secrecy is a fundamental principle of the English jury system. Section 8 of the Contempt of Court Act 1981 makes it a criminal offence to obtain, disclose, or solicit information about the jury's deliberations.