Jury Selection in the UK – Before the Trial

In my recent blog posts, we have been looking at some of the advantages and disadvantages of juries in the UK. In this one, we will be staying on the topic of juries, looking at how they are selected before a trial starts. We will start by remembering the role of the jury and what they are used for, then move on to look at the required characteristics of a juror. There are also several factors that can disqualify someone from jury service, so we will look at these too. In addition, there are certain situations where someone might be allowed to defer their jury service or be excused altogether. We will then consider the later selection done in the courthouse in my next blog post.

Role of the Jury

The primary role of the jury is to reach a verdict in the case they are hearing. There will be 12 jurors, selected at random from the population. They will consider the evidence available and the positions put forward by both sides of the case. The jurors will then retire to weigh up this evidence and come to a decision based on only this. They will be advised on the law and directed by the judge, but they cannot interpret the law themselves. The jury is not allowed to discuss the case with anyone outside the court and cannot have outside contact. This is to ensure that they remain free of bias and are not influenced by any media about the case.

Jury Selection

The majority of people in the UK are eligible for jury service under the Juries Act 1974. Everyone between the ages of 18 and 70 who is eligible to vote and has been a registered citizen of the UK, Channel Islands or the Isle of Man for at least five years since their thirteenth birthday can be called up for jury service. The only way that someone will not be eligible for jury service if they meet these qualifications is if they are disqualified for some reason, which we will look at in more detail next.

Disqualifications

One of the reasons that a potential juror might be disqualified is due to their criminal record. There are certain convictions that will exclude people, depending on the severity and category of offence and how long the sentence passed down by the court is. There are some offences that will always immediately exclude people from jury service for life, such as one that results in a sentence to life imprisonment, detention at her Majesty’s pleasure, detention for public protection, an extended sentence under ss 227 or 228 of the Criminal Justice Act 2003, or a term of imprisonment or detention for more than five years.

However, some sentences will only exclude potential jurors for ten years. For example, if someone has served any part of a sentence or detention, received a suspended sentence, or been given a community sentence or order, they will not be eligible until the ten years has passed. A person is also disqualified from jury service if they are currently on bail for a criminal offence, as this may lead to a conviction – it’s not certain until the outcome of the trial. It is at least partly the responsibility of potential jurors to check their eligibility, as there is a £500 fine for anyone failing to inform the court that they are disqualified from jury duty.

Mental Health

Sometimes, people are not eligible for jury service on mental health grounds. A person may not sit as a juror if they are liable to be detained under the Mental Health Act 1983 or could be a resident of a hospital due to a mental disorder (as set out in the same Act). Potential jurors will also be ineligible if they are subject to guardianship under s 7 of the Mental Health Act 1983 or are under a community order under s 17a. Finally, anyone lacking capacity under the Mental Capacity Act 2005 will not be eligible to serve as a juror.

Excusal

Instead of being disqualified, there are a few reasons for which potential jurors may be excused from jury duty. For example, members of the Armed Forces may be excused if their commanding officer provides a note saying that their absence would be detrimental to the operations of the Armed Forces. Although the Criminal Justice Act 2003 meant that doctors and pharmacists were no longer always excused, they may still ask for a discretionary excusal.

Deferral

Alternatively, it may be possible to defer jury service, which simply means that the dates of jury service are moved on a bit. Potential reasons for deferral include having an operation or holiday booked, or not being able to get the dates off work. If a person applies for a deferral, they must be able to provide evidence of their reason and give their availability for the 12 months after their jury service was supposed to start. Jury service can only be deferred once.

Wrapping Up

I hope that you now feel more confident about the process used to select juries. In my next blog post, we will be looking at how the selection process works at the courthouse, so come back in two weeks for that!

Want help proofreading your work? Contact Carmine Proofreading for a friendly, professional service from a qualified proofreader.

Email: CarmineProofreading@gmail.com

Twitter: https://twitter.com/CarmineProofed