In this week’s blog post, we will be looking at how juries are used in civil and criminal cases. We will start by looking at the history of juries and how they were originally used, then move on to look at how they are used in the present day. Juries have quite an interesting history going back centuries and were originally very different to how we imagine them now! Learning more about this can help to understand how juries have evolved and why there are certain rules about how they operate and what their powers are.
History of Juries
The use of juries was first recorded in 1215 when the Magna Carta established the right to be tried by your peers. A couple of centuries later, juries were commonly used and established as deciders of fact. They were seen as independent of the court system, an attribute they still have today and are highly valued for. In the past, it was not uncommon for judges to overrule a jury’s decision, which rather defeated the point of juries as independents! In light of this, Bushel’s case (1670) stated that juries had the final decision on points of fact and judges could not overturn this.
Originally, all defendants were entitled to a trial by jury. However, this made the justice system slower and much more complex than it needed to be. The Criminal Law Act 1977 dealt with this by making certain minor criminal offences (such as driving infractions) summary only, meaning that they can only be tried in the magistrate’s court, where juries aren’t used. This helps to streamline the trial process and ensure as many cases as possible are heard.
In addition, the Criminal Justice Act 2003 allows some cases to be heard without a jury (i.e., by a judge only) if there is a serious risk of jury tampering or the case involves complex or lengthy financial and commercial agreements. This means that juries are not used in cases where they are likely to give an unjust outcome, either due to tampering or lack of expertise.
Juries in Criminal Cases
Nowadays, juries are only used in about 1% of all criminal cases. The vast majority of criminal cases are heard in a magistrates’ court, so there is never any need for a jury in these. Even if a case proceeds to a court where it can be heard by a jury, it doesn’t necessarily mean it will be. For example, if the defendant pleads guilty, there is no need for a trial by jury, as the court will move straight on to sentencing, which is done by a judge. In addition, a judge can decide to discharge the case, which would again mean no jury was needed. Nevertheless, juries are still used in a lot of cases, which we will consider in more detail now.
Juries are used in criminal cases in a variety of different courts. The one that immediately comes to mind when you picture a jury is the Crown Court. The Crown Court has a jury of 12 and hears the more serious crimes, such as manslaughter, rape, and murder, which are called indictable offences and carry the most severe potential sentences.
Another court that uses juries is the High Court, which will also have 12 jurors. They will hear trials involving crimes such as defamation, fraud, and false imprisonment.
Juries are also used in county courts, again for cases involving more serious alleged offences such as defamation, fraud, and false imprisonment. However, unlike the High Court, the county courts only use a jury of eight.
Finally, the Coroners’ Court also uses juries. Cases that a jury might hear here include death while imprisoned or in police custody, as well as death from an injury inflicted by a police officer on duty. There may also by a trial by jury if death is caused by an industrial accident. In addition, if death has occurred in a way that raises questions about public health and safety, a trial by jury will be needed. It is rare for juries to be used at the coroners’ court, as they are really only used in cases where it is unclear the death was due to natural causes.
Juries in Civil Cases
The use of juries is very limited in civil cases, but they play a double role. As you would expect, they decide the case based on the balance of probabilities taking into account the facts of the case. However, if the claimant wins, the jury will also determine what damages should be awarded and on what scale.
The County Courts Act 1984 sets out the few situations where a trial by jury is used in civil trials. This occurs in cases that involve false imprisonment, malicious prosecution, or fraud. An exception to this is if the court believes that there are issues that will require prolonged examination of documents or investigation that it would not be reasonable to expect a jury to be present for and are too complex for a jury.
Wrapping Up
Even though juries are only used in a small proportion of cases, they still play a major role in the justice system. Hopefully, this blog makes it clearer when juries are involved and in what way, but please do leave any questions you have in the comments!
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