Jury (England and Wales)
Encyclopedia
In the legal
jurisdiction
of England and Wales
, there is a long tradition of jury trial
that has evolved over centuries.
, as a means of settling a fact, had developed in Scandinavia
and the Carolingian Empire
while Anglo-Saxon
law had used a "jury of accusation" to establish the strength of the allegation against a criminal suspect. In the latter case, the jury were not triers of fact and, if the accusation was seen as posing a case to answer, guilt or innocence were established by oath
, often in the form of compurgation
, or trial by ordeal
. During the 11th and 12th centuries, juries were sworn to decide property disputes but it was the Roman Catholic Church
's 1215 withdrawal of support for trial by ordeal that necessitated the development of the jury in its modern form.Baker (2002) p.72-73
The first trial by jury took place in the court of Henry the II on 11-6-1168. It was a trial about the murder of an innocent civilian. A man named Benedict Graymond, was tried as the murderer. He had killed this un-named man with a garden tool, unknown to us today. He was voted guilty by the jury at that time. No members can be traced back to this time.
in the Crown Court
where the offence is an indictable offence
or an offence triable either way that has been sent to the Crown Court after examination by magistrate
s. Magistrates have the power to send any offence triable either way to the Crown Court but, even if they elect to try the case themselves, the accused retains the right to elect for a Crown Court trial with a jury. Summary offence
s are tried by magistrates and there is no right of Crown Court trial by jury. During the 21st century some exceptions to jury trial in the Crown Court have been developed.
where there is evidence of a "real and present danger" and, despite the possibility of police protection, there is a substantial likelihood of tampering, and a trial without a jury is in the interests of justice. The first date of a trial with jury was 11-6-1168 The first such prosecution application was made in February 2008.
There are also provisions under the Domestic Violence, Crime and Victims Act 2004
, ss.17–20 to try defendants accused of domestic violence
on sample counts and, on conviction, for the remainder of the counts to be tried by a judge alone. These provisions came into force on 8 January 2007.
If the defendant plea
ds autrefois
, the judge now decides the matter without a jury. In Northern Ireland, some terrorist offences were tried with bench trials called Diplock courts.
must summon a jury for an inquest
if the death occurred in prison
or in police custody, or in the execution of a police officer's duty, or if it falls under the Health and Safety at Work etc. Act 1974, or if it affects public health or safety.
civil cases were tried by jury up to the introduction of juryless trials in the new County Court
s in 1846. The perceived success of this system, together with increasing recognition of the integrity of judges and the professionalisation of legal institutions, meant that, when the Common Law Procedure Act 1854 gave litigants in the Queen's Bench the option of trial by judge alone, there was a steady uptake. Over the next eighty years, the use of juries in civil trials steadily declined.
In 1933 the Administration of Justice (Miscellaneous Provisions) Act 1933, s.6 guaranteed the right of jury trial in the Queen's Bench division for:
— "... but, save as aforesaid, any action to be tried in that Division may, in the discretion
of the court or a judge, be ordered to be tried either with or without a jury." The Act brought a de facto
end to civil jury trials in England and Wales save for the causes where the right was guaranteed.
In Ward v. James (1966), Lord Denning, delivering the judgment of the Court of Appeal
, held that personal injury
cases were unsuitable for jury trials owing to the technical expertise and experience needed in assessing damages
. In Singh v. London Underground Ltd (1990), a litigant sought a jury trial on a case arising from the King's Cross fire
but was refused owing to the technical nature of the case. , less than 1% of civil trials in England and Wales were jury trials and these were principally defamation cases.
Section 69 of the Senior Courts Act 1981
, which replaced s. 6 of the 1933 Act in respect of High Court trials, provides that trial shall be by jury on the application of a party where the court is satisfied that there is in issue:
unless the court is of the opinion that the trial requires any prolonged examination of documents or accounts or any scientific or local investigation which cannot conveniently be made with a jury.
In the event of a juror being discharged for any reason, the trial can continue so long as the minimum number of jurors remain. The judge should press the jury for a unanimous verdict and not, in any event, suggest that a majority is acceptable until after 2 hours and 10 minutes. This was originally 2 hours but it was extended to allow time for the jury to settle after retiring.
Persons currently on bail
are disqualified. Persons are disqualified for life if they have been sentence
d to:
Persons are disqualified for 10 years after:
Persons "not capable of acting effectively as a juror" may be discharged by the judge.
People are excused from jury service if:
, despite the recent reform of that office, executed in practice by a local court officer. A panel of jurors is summoned, having regard to the convenience of the jurors though there are no absolute geographical constraints. There are facilities for the parties to inspect the panel and for individual members to be examined by the judge if there are doubts about their fitness to serve because of lack of proficiency in English or because of physical disability
, for example deafness.
If there are inadequate jurors on the panel then any person in the vicinity of the court can be summoned to make up the numbers, a process known as "praying a tales".
A jury in waiting, of twenty or more jurors is selected from the panel by the clerk of the court.
The clerk then calls the name of 12 of them at random, usually by drawing from a shuffle
d pack of cards with the names written on them. As he calls each name, the juror steps into the jury box. Once the jury box is populated with 12 jurors, the clerk says to the defendant:
The clerk then calls each juror individually to affirm
or to take the oath, reading from a printed card while holding a holy book in his right hand (New Testament
for Christian
s, Old Testament
for Jews or Koran for Muslim
s). Atheists and agnostics can affirm instead of swearing an oath:
A juror can only be challenged before he takes the oath and on limited grounds.
or terrorism
, in which case the personal authority of the Attorney General
is needed, or where a juror is "obviously unsuitable", and the defence agree.
These are the modern versions of the ancient challenges of propter honoris respectum, propter defectum and propter affectum. Challenges have been successful where a juror was employed by or related to a party, had enjoyed entertainment at a party's home, or where they had already expressed an opinion on the case or shown hostiity to the accused. During the 1969 trial of the notorious gangster
s, the Kray twins
, the trial judge was prepared to exclude any juror who had read some of the current lurid newspaper
reporting. However, in a trial arising from the conduct of a picket in the bitterly contested UK miners' strike (1984–1985)
, a miner who had worked throughout the conflict was held to be fit to serve.
s of the jury panel by the police
is only permitted on the authority of the Director of Public Prosecutions
, and only if:
Checks beyond criminal records may only be made if authorised by the Attorney General
and there are adequate grounds for a prosecution request to stand-by.
of the judge and should be exercised in cases of "evident necessity".
The test was given in Porter v. Mcgill as "Would a fair-minded and informed observer conclude that there was a real possibility, or real danger (the two being the same) that the tribunal was biased?"
that may prejudice the jury will not inevitably lead to discharge of the jury and the matter lies at the discretion of the judge who may conclude that the rights of the defendant can be adequately protected by his directing the jury to ignore such evidence.
and, as of 2007, is rarely exercised.
swears to keep the jury in some "private and convenient place", to prevent them from speaking to anyone else and not to speak to them himself "except it be to ask them if they are agreed upon their verdict." The usher, then becoming the jury bailiff then stations himself outside the jury room during the deliberations. The jury may send a note to the judge to ask a question of law or for the judge to read to them a transcript of some of the evidence. It is a contempt of court
for a juror to disclose, or for anyone else enquire into, the nature of the jury's deliberations (namely, the press). This is an effective bar on jury research
in England and Wales, and on appeals on the basis of the jury's method of reaching its decision.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
of England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
, there is a long tradition of jury trial
Jury trial
A jury trial is a legal proceeding in which a jury either makes a decision or makes findings of fact which are then applied by a judge...
that has evolved over centuries.
History
The English jury has its roots in two institutions that date from before the Norman conquest in 1066. The inquestInquest
Inquests in England and Wales are held into sudden and unexplained deaths and also into the circumstances of discovery of a certain class of valuable artefacts known as "treasure trove"...
, as a means of settling a fact, had developed in Scandinavia
Scandinavia
Scandinavia is a cultural, historical and ethno-linguistic region in northern Europe that includes the three kingdoms of Denmark, Norway and Sweden, characterized by their common ethno-cultural heritage and language. Modern Norway and Sweden proper are situated on the Scandinavian Peninsula,...
and the Carolingian Empire
Carolingian Empire
Carolingian Empire is a historiographical term which has been used to refer to the realm of the Franks under the Carolingian dynasty in the Early Middle Ages. This dynasty is seen as the founders of France and Germany, and its beginning date is based on the crowning of Charlemagne, or Charles the...
while Anglo-Saxon
Anglo-Saxons
Anglo-Saxon is a term used by historians to designate the Germanic tribes who invaded and settled the south and east of Great Britain beginning in the early 5th century AD, and the period from their creation of the English nation to the Norman conquest. The Anglo-Saxon Era denotes the period of...
law had used a "jury of accusation" to establish the strength of the allegation against a criminal suspect. In the latter case, the jury were not triers of fact and, if the accusation was seen as posing a case to answer, guilt or innocence were established by oath
Oath
An oath is either a statement of fact or a promise calling upon something or someone that the oath maker considers sacred, usually God, as a witness to the binding nature of the promise or the truth of the statement of fact. To swear is to take an oath, to make a solemn vow...
, often in the form of compurgation
Compurgation
Compurgation, also called wager of law, is a defence used primarily in medieval law. A defendant could establish his innocence or nonliability by taking an oath and by getting a required number of persons, typically twelve, to swear they believed the defendant's oath.Compurgation was found in...
, or trial by ordeal
Trial by ordeal
Trial by ordeal is a judicial practice by which the guilt or innocence of the accused is determined by subjecting them to an unpleasant, usually dangerous experience...
. During the 11th and 12th centuries, juries were sworn to decide property disputes but it was the Roman Catholic Church
Roman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
's 1215 withdrawal of support for trial by ordeal that necessitated the development of the jury in its modern form.Baker (2002) p.72-73
The first trial by jury took place in the court of Henry the II on 11-6-1168. It was a trial about the murder of an innocent civilian. A man named Benedict Graymond, was tried as the murderer. He had killed this un-named man with a garden tool, unknown to us today. He was voted guilty by the jury at that time. No members can be traced back to this time.
Criminal juries
Juries are summoned for criminal trialsCriminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
in the Crown Court
Crown Court
The Crown Court of England and Wales is, together with the High Court of Justice and the Court of Appeal, one of the constituent parts of the Senior Courts of England and Wales...
where the offence is an indictable offence
Indictable offence
In many common law jurisdictions , an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury...
or an offence triable either way that has been sent to the Crown Court after examination by magistrate
Magistrate
A magistrate is an officer of the state; in modern usage the term usually refers to a judge or prosecutor. This was not always the case; in ancient Rome, a magistratus was one of the highest government officers and possessed both judicial and executive powers. Today, in common law systems, a...
s. Magistrates have the power to send any offence triable either way to the Crown Court but, even if they elect to try the case themselves, the accused retains the right to elect for a Crown Court trial with a jury. Summary offence
Summary offence
A summary offence is a criminal act in some common law jurisdictions that can be proceeded with summarily, without the right to a jury trial and/or indictment .- United States :...
s are tried by magistrates and there is no right of Crown Court trial by jury. During the 21st century some exceptions to jury trial in the Crown Court have been developed.
Trial without a jury
Crown Court trial without a jury is permitted in cases of suspected jury tamperingJury tampering
Jury tampering is the crime of unduly attempting to influence the composition and/or decisions of a jury during the course of a trial.The means by which this crime could be perpetrated can include attempting to discredit potential jurors to ensure they will not be selected for duty. Once selected,...
where there is evidence of a "real and present danger" and, despite the possibility of police protection, there is a substantial likelihood of tampering, and a trial without a jury is in the interests of justice. The first date of a trial with jury was 11-6-1168 The first such prosecution application was made in February 2008.
There are also provisions under the Domestic Violence, Crime and Victims Act 2004
Domestic Violence, Crime and Victims Act 2004
The Domestic Violence, Crime and Victims Act 2004 is an Act of the Parliament of the United Kingdom. It is concerned with criminal justice and concentrates upon legal protection and assistance to victims of crime, particularly domestic violence...
, ss.17–20 to try defendants accused of domestic violence
Domestic violence
Domestic violence, also known as domestic abuse, spousal abuse, battering, family violence, and intimate partner violence , is broadly defined as a pattern of abusive behaviors by one or both partners in an intimate relationship such as marriage, dating, family, or cohabitation...
on sample counts and, on conviction, for the remainder of the counts to be tried by a judge alone. These provisions came into force on 8 January 2007.
If the defendant plea
Plea
In legal terms, a plea is simply an answer to a claim made by someone in a civil or criminal case under common law using the adversary system. Colloquially, a plea has come to mean the assertion by a criminal defendant at arraignment, or otherwise in response to a criminal charge, whether that...
ds autrefois
Double jeopardy
Double jeopardy is a procedural defense that forbids a defendant from being tried again on the same, or similar charges following a legitimate acquittal or conviction...
, the judge now decides the matter without a jury. In Northern Ireland, some terrorist offences were tried with bench trials called Diplock courts.
Inquests
A coronerCoroner
A coroner is a government official who* Investigates human deaths* Determines cause of death* Issues death certificates* Maintains death records* Responds to deaths in mass disasters* Identifies unknown dead* Other functions depending on local laws...
must summon a jury for an inquest
Inquest
Inquests in England and Wales are held into sudden and unexplained deaths and also into the circumstances of discovery of a certain class of valuable artefacts known as "treasure trove"...
if the death occurred in prison
Prison
A prison is a place in which people are physically confined and, usually, deprived of a range of personal freedoms. Imprisonment or incarceration is a legal penalty that may be imposed by the state for the commission of a crime...
or in police custody, or in the execution of a police officer's duty, or if it falls under the Health and Safety at Work etc. Act 1974, or if it affects public health or safety.
Civil juries
All common lawCommon law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
civil cases were tried by jury up to the introduction of juryless trials in the new County Court
County Court
A county court is a court based in or with a jurisdiction covering one or more counties, which are administrative divisions within a country, not to be confused with the medieval system of county courts held by the High Sheriff of each county.-England and Wales:County Court matters can be lodged...
s in 1846. The perceived success of this system, together with increasing recognition of the integrity of judges and the professionalisation of legal institutions, meant that, when the Common Law Procedure Act 1854 gave litigants in the Queen's Bench the option of trial by judge alone, there was a steady uptake. Over the next eighty years, the use of juries in civil trials steadily declined.
In 1933 the Administration of Justice (Miscellaneous Provisions) Act 1933, s.6 guaranteed the right of jury trial in the Queen's Bench division for:
- FraudFraudIn criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...
- Libel
- Slander
- Malicious prosecutionMalicious prosecutionMalicious prosecution is a common law intentional tort, while like the tort of abuse of process, its elements include intentionally instituting and pursuing a legal action that is brought without probable cause and dismissed in favor of the victim of the malicious prosecution...
- False imprisonmentFalse imprisonmentFalse imprisonment is a restraint of a person in a bounded area without justification or consent. False imprisonment is a common-law felony and a tort. It applies to private as well as governmental detention...
- SeductionSeduction (tort)The tort of seduction was a civil wrong in common law legal systems. An unmarried woman could sue with the tort of seduction to obtain damages from her seducer, if her consent to sex was based upon his misrepresentation.-Legal basis:...
- Breach of promise of marriage
— "... but, save as aforesaid, any action to be tried in that Division may, in the discretion
Discretion
Discretion is a noun in the English language with several meanings revolving around the judgment of the person exercising the characteristic.-Meanings:*"The Art of suiting action to particular circumstances"...
of the court or a judge, be ordered to be tried either with or without a jury." The Act brought a de facto
De facto
De facto is a Latin expression that means "concerning fact." In law, it often means "in practice but not necessarily ordained by law" or "in practice or actuality, but not officially established." It is commonly used in contrast to de jure when referring to matters of law, governance, or...
end to civil jury trials in England and Wales save for the causes where the right was guaranteed.
In Ward v. James (1966), Lord Denning, delivering the judgment of the Court of Appeal
Court of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
, held that personal injury
Personal injury
Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property. The term is most commonly used to refer to a type of tort lawsuit alleging that the plaintiff's injury has been caused by the negligence of another, but also arises in defamation...
cases were unsuitable for jury trials owing to the technical expertise and experience needed in assessing damages
Damages
In law, damages is an award, typically of money, to be paid to a person as compensation for loss or injury; grammatically, it is a singular noun, not plural.- Compensatory damages :...
. In Singh v. London Underground Ltd (1990), a litigant sought a jury trial on a case arising from the King's Cross fire
King's Cross fire
The King's Cross St. Pancras tube station fire was a fatal fire on the London Underground. It broke out at approximately 19:30 on 18 November 1987, and killed 31 people....
but was refused owing to the technical nature of the case. , less than 1% of civil trials in England and Wales were jury trials and these were principally defamation cases.
Section 69 of the Senior Courts Act 1981
Senior Courts Act 1981
The Senior Courts Act 1981, originally named the Supreme Court Act 1981 , is an Act of the Parliament of the United Kingdom. The Act defined in statute the structure of the Supreme Court of England and Wales, now known as the Senior Courts of England and Wales, consisting of the Court of Appeal,...
, which replaced s. 6 of the 1933 Act in respect of High Court trials, provides that trial shall be by jury on the application of a party where the court is satisfied that there is in issue:
- a claim of fraud against the party; or
- a claim in respect of libel, slander, malicious prosecution or false imprisonment
unless the court is of the opinion that the trial requires any prolonged examination of documents or accounts or any scientific or local investigation which cannot conveniently be made with a jury.
Number of jurors
| Court | At start of trial | Minimum number | Majorities allowed | Source |
|---|---|---|---|---|
| Crown Court | 12 | 9 | 11-1, 10-2, 10-1, 9-1 | Juries Act 1974, s.17 |
| High Court | 12 | 9 | 11-1, 10-2, 10-1, 9-1 | Juries Act 1974, s.17 |
| County Court | 8 | 7 | 7-1 | County Courts Act 1974, s.67; Juries Act 1974, s.17(2) |
| Coroner's Court | between 7 and 11 | — | Minority no more than 2 | Coroners Act 1988, s.8(2)(a), s.12 |
In the event of a juror being discharged for any reason, the trial can continue so long as the minimum number of jurors remain. The judge should press the jury for a unanimous verdict and not, in any event, suggest that a majority is acceptable until after 2 hours and 10 minutes. This was originally 2 hours but it was extended to allow time for the jury to settle after retiring.
Eligibility for jury service
A jury panel is summoned from eligible persons who are:- Registered electors aged 18 to 70 (Including the Republic of Ireland and Commonwealth countries);
- Resident in the UK for at least 5 years since age 13;
- Not mentally disordered; and
- Not disqualified for whatever reason.
Persons currently on bail
Bail
Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail...
are disqualified. Persons are disqualified for life if they have been sentence
Sentence (law)
In law, a sentence forms the final explicit act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence can generally involve a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime...
d to:
- A life sentence;
- Detention for public protection;
- An extended sentence; or
- ImprisonmentImprisonmentImprisonment is a legal term.The book Termes de la Ley contains the following definition:This passage was approved by Atkin and Duke LJJ in Meering v Grahame White Aviation Co....
or detention for 5 years or more.
Persons are disqualified for 10 years after:
- Sentence, or suspended sentenceSuspended sentenceA suspended sentence is a legal term for a judge's delaying of a defendant's serving of a sentence after they have been found guilty, in order to allow the defendant to perform a period of probation...
of imprisonment or detention; - Imprisonment or detention (less than 5 years); or
- Community punishments or treatment orders.
Persons "not capable of acting effectively as a juror" may be discharged by the judge.
People are excused from jury service if:
- they are currently a resident in a hospital or other similar institution, due to attend a hospital appointment or operation or recovering from an operation;
- they regularly visit a medical practitioner for treatment;
- they are in guardianship under section 7 of the Mental Health Act 1983Mental Health Act 1983The Mental Health Act 1983 is an Act of the Parliament of the United Kingdom which applies to people in England and Wales. It covers the reception, care and treatment of mentally disordered persons, the management of their property and other related matters...
; - a judge has decided they are not capable of managing and administering property or affairs because of mental disorder/mental health problem;
- other medical reasons preclude their service. Medical certificates are only required if the Jury Central Summoning Bureau asks for one;
- they have already booked and paid for an important family event such as a wedding or a holiday;
- they have urgent work commitments which, if not completed on time, would have a detrimental effect to their business;
- they have been on jury service in the past two years (except coroner's juries), or the individual has been exempted from jury service for a period of time that has not yet ended. For example, the judge presiding over the Harold ShipmanHarold ShipmanHarold Fredrick Shipman was an English doctor and one of the most prolific serial killers in recorded history with 218 murders being positively ascribed to him....
murder trial excused jurors from serving again for life. Individuals need to show the Jury Central Summoning Bureau evidence of this. - they are a full-time member of Her Majesty's naval, military or air forces and their commanding officer certifies that their absence would prejudice the efficiency of the service.
Empanelling and challenging jurors
, jurors are called by a written summons from the Lord ChancellorLord Chancellor
The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...
, despite the recent reform of that office, executed in practice by a local court officer. A panel of jurors is summoned, having regard to the convenience of the jurors though there are no absolute geographical constraints. There are facilities for the parties to inspect the panel and for individual members to be examined by the judge if there are doubts about their fitness to serve because of lack of proficiency in English or because of physical disability
Physical disability
A physical disability is any impairment which limits the physical function of one or more limbs or fine or gross motor ability. Other physical disabilities include impairments which limit other facets of daily living, such as respiratory disorders and epilepsy....
, for example deafness.
If there are inadequate jurors on the panel then any person in the vicinity of the court can be summoned to make up the numbers, a process known as "praying a tales".
A jury in waiting, of twenty or more jurors is selected from the panel by the clerk of the court.
The clerk then calls the name of 12 of them at random, usually by drawing from a shuffle
Shuffle
Shuffling is a procedure used to randomize a deck of playing cards to provide an element of chance in card games. Shuffling is often followed by a cut, to help ensure that the shuffler has not manipulated the outcome.-Shuffling techniques:...
d pack of cards with the names written on them. As he calls each name, the juror steps into the jury box. Once the jury box is populated with 12 jurors, the clerk says to the defendant:
The clerk then calls each juror individually to affirm
Affirmation in law
In law, an affirmation is a solemn declaration allowed to those who conscientiously object to taking an oath. An affirmation has exactly the same legal effect as an oath, but is usually taken to avoid the religious implications of an oath...
or to take the oath, reading from a printed card while holding a holy book in his right hand (New Testament
New Testament
The New Testament is the second major division of the Christian biblical canon, the first such division being the much longer Old Testament....
for Christian
Christian
A Christian is a person who adheres to Christianity, an Abrahamic, monotheistic religion based on the life and teachings of Jesus of Nazareth as recorded in the Canonical gospels and the letters of the New Testament...
s, Old Testament
Old Testament
The Old Testament, of which Christians hold different views, is a Christian term for the religious writings of ancient Israel held sacred and inspired by Christians which overlaps with the 24-book canon of the Masoretic Text of Judaism...
for Jews or Koran for Muslim
Muslim
A Muslim, also spelled Moslem, is an adherent of Islam, a monotheistic, Abrahamic religion based on the Quran, which Muslims consider the verbatim word of God as revealed to prophet Muhammad. "Muslim" is the Arabic term for "submitter" .Muslims believe that God is one and incomparable...
s). Atheists and agnostics can affirm instead of swearing an oath:
| Religion | Oath/Affirmation | Scripture |
|---|---|---|
| Roman Catholic, Mainstream Protestant, Orthodox Christian, Jewish, Rastafarian | The Bible; New Testament | |
| Islam | The Koran | |
| United Brethren United Brethren United Brethren may refer to:*Apostolic United Brethren, a Mormon fundamentalist group headquartered in Bluffdale, Utah*Church of the United Brethren in Christ, an evangelical Christian denomination based in Huntington, Indiana... swear: |
Not all Christian sects believe in swearing oaths. | |
| Quakers affirm: | Quakers do not believe in swearing oaths. | |
| Sikh Sikh A Sikh is a follower of Sikhism. It primarily originated in the 15th century in the Punjab region of South Asia. The term "Sikh" has its origin in Sanskrit term शिष्य , meaning "disciple, student" or शिक्ष , meaning "instruction"... s can swear: |
Waheguru | |
| Hindus | Gita | |
| Atheist/Agnostics; Jehovah's Witnesses | None |
A juror can only be challenged before he takes the oath and on limited grounds.
Peremptory challenges
Peremptory challenges, or challenges without cause, allowing the defence to prevent a certain number of jurors from serving without giving any reason, were formerly allowed in English courts and are still common in some other jurisdictions. At one time, the defence was allowed 25 such challenges but this was reduced to 12 in 1925, to 7 in 1948 and 3 in 1977 before total abolition in 1988.Stand by
The prosecution and judge, but not the defence, have the right to prevent a juror from serving by asking them to "stand by". However, prosecutors are instructed to invoke this right sparingly as the quality of the jury is primarily the responsibility of the court officer. The right should only be invoked in cases of national securityNational security
National security is the requirement to maintain the survival of the state through the use of economic, diplomacy, power projection and political power. The concept developed mostly in the United States of America after World War II...
or terrorism
Terrorism
Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
, in which case the personal authority of the Attorney General
Attorney General for England and Wales
Her Majesty's Attorney General for England and Wales, usually known simply as the Attorney General, is one of the Law Officers of the Crown. Along with the subordinate Solicitor General for England and Wales, the Attorney General serves as the chief legal adviser of the Crown and its government in...
is needed, or where a juror is "obviously unsuitable", and the defence agree.
Challenge for cause
Either prosecution or defence can "challenge for cause" as many individual jurors as they wish on the grounds that the juror is:- Ineligible or disqualified; or
- Reasonably suspected of being biased.
These are the modern versions of the ancient challenges of propter honoris respectum, propter defectum and propter affectum. Challenges have been successful where a juror was employed by or related to a party, had enjoyed entertainment at a party's home, or where they had already expressed an opinion on the case or shown hostiity to the accused. During the 1969 trial of the notorious gangster
Gangster
A gangster is a criminal who is a member of a gang. Some gangs are considered to be part of organized crime. Gangsters are also called mobsters, a term derived from mob and the suffix -ster....
s, the Kray twins
Kray twins
Reginald "Reggie" Kray and his twin brother Ronald "Ronnie" Kray were the foremost perpetrators of organised crime in London's East End during the 1950s and 1960s...
, the trial judge was prepared to exclude any juror who had read some of the current lurid newspaper
Newspaper
A newspaper is a scheduled publication containing news of current events, informative articles, diverse features and advertising. It usually is printed on relatively inexpensive, low-grade paper such as newsprint. By 2007, there were 6580 daily newspapers in the world selling 395 million copies a...
reporting. However, in a trial arising from the conduct of a picket in the bitterly contested UK miners' strike (1984–1985)
UK miners' strike (1984–1985)
The UK miners' strike was a major industrial action affecting the British coal industry. It was a defining moment in British industrial relations, and its defeat significantly weakened the British trades union movement...
, a miner who had worked throughout the conflict was held to be fit to serve.
Challenge to the array
It is possible to challenge the whole jury panel on the grounds that the court official who selected them was biased but such a challenge is "virtually unknown in modern times."Jury vetting
Checking the criminal recordCriminal record
A criminal record is a record of a person's criminal history, generally used by potential employers, lenders etc. to assess his or her trustworthiness. The information included in a criminal record varies between countries and even between jurisdictions within a country...
s of the jury panel by the police
Police
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
is only permitted on the authority of the Director of Public Prosecutions
Director of Public Prosecutions
The Director of Public Prosecutions is the officer charged with the prosecution of criminal offences in several criminal jurisdictions around the world...
, and only if:
- It appears that a juror is disqualified, or an attempt has been made to introduce a disqualified juror;
- There is a belief of attempted interference with a jury in a previous aborted trial; or
- The nature of case entails a special effort to avoid disqualified jurors.
Checks beyond criminal records may only be made if authorised by the Attorney General
Attorney General for England and Wales
Her Majesty's Attorney General for England and Wales, usually known simply as the Attorney General, is one of the Law Officers of the Crown. Along with the subordinate Solicitor General for England and Wales, the Attorney General serves as the chief legal adviser of the Crown and its government in...
and there are adequate grounds for a prosecution request to stand-by.
Individual jurors
During a trial, an individual juror can be discharged and the trial can continue so long as the minimum number of jurors remain. Discharge is at the discretionDiscretion
Discretion is a noun in the English language with several meanings revolving around the judgment of the person exercising the characteristic.-Meanings:*"The Art of suiting action to particular circumstances"...
of the judge and should be exercised in cases of "evident necessity".
The test was given in Porter v. Mcgill as "Would a fair-minded and informed observer conclude that there was a real possibility, or real danger (the two being the same) that the tribunal was biased?"
Whole jury
Where misconduct cannot be dealt with by discharge of an individual juror, or in the case of jury tampering, or where the jury cannot reach a verdict, the entire jury can be discharged. Inadvertent inadmissible evidenceInadmissible Evidence
Inadmissible Evidence is a play written by John Osborne in November 1964. It was also filmed in 1968.The protagonist of the play is William Maitland, a middle-aged English solicitor who has come to hate his entire life. Much of the play consists of lengthy monologues in which Maitland tells the...
that may prejudice the jury will not inevitably lead to discharge of the jury and the matter lies at the discretion of the judge who may conclude that the rights of the defendant can be adequately protected by his directing the jury to ignore such evidence.
Conduct of jury
Once the jury is sworn, it is customary, but not mandatory, for the clerk to say:Jury's right to stop the trial
Once all the prosecution evidence has been given, the jury may at any time, of its own motion, decide to acquit the defendant. Few juries will realise that they have this power unless advised by the judge. Such judicial intervention is deprecated by the Court of AppealCourt of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
and, as of 2007, is rarely exercised.
Retirement of the jury
After the judge has summed up the case, the court usherCourt usher
A court usher is a position in a law court. Tasks generally performed by court ushers involve escorting participants to the courtroom and seeing that they are suitably hydrated, as well as ensuring the secure transaction of legal documents within the court room and deciding the order of cases. The...
swears to keep the jury in some "private and convenient place", to prevent them from speaking to anyone else and not to speak to them himself "except it be to ask them if they are agreed upon their verdict." The usher, then becoming the jury bailiff then stations himself outside the jury room during the deliberations. The jury may send a note to the judge to ask a question of law or for the judge to read to them a transcript of some of the evidence. It is a contempt of court
Contempt of court
Contempt of court is a court order which, in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority...
for a juror to disclose, or for anyone else enquire into, the nature of the jury's deliberations (namely, the press). This is an effective bar on jury research
Jury research
Jury research is an umbrella term for various methods of research associated with jury trials. It could include prospective jurors demographic research, mock trials, jury selection, shadow jury or post-trial jury interviews...
in England and Wales, and on appeals on the basis of the jury's method of reaching its decision.
Verdict
The jury may return a verdict of:- Not guilty;
- Guilty;
- Not guilty but guilty of a similar, but less serious, offence. For example, they can find someone not guilty of murder but guilty of manslaughter. However, this verdict cannot be given in cases of high treasonHigh treasonHigh treason is criminal disloyalty to one's government. Participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state are perhaps...
; - Exceptionally, a special verdict.
Historical
- Lobban, M. (2002) "The strange life of the English civil jury, 1837-1914", in Cairns and McLeod (2002), p.173
Modern practice
- Lord Mackay of Clashfern (ed.) (2006) Halsbury's Laws of England, Vol.11(3) 4th ed. 2006 reissue, "Criminal Law, Evidence and Procedure", 19(5) 'Trial of indictments: The jury', 4-199 - 4-265, 4-417 - 4-469