The Jury System

Handout: The Jury System

I. Development / History

- Frequently claimed that the right of a defendant to elect trial by jury is an ancient one, enshrined in Magna Carta. => In fact, there was no right to claim trial by jury until 1855.

- Administration of Justice Act 1855 => Allowed justices (with the consent of the accused) to try various petty thefts.

- The Summary Jurisdiction Act 1897 consolidated this earlier legislation, listing those indictable offences, which (with the defendant's consent) could be tried summarily.

- Criminal Justice Act 1925 => Until this Act the list was increased. The Act contained a much more extensive list of offences, including: serious theft offences, assault occasioning actual bodily harm and certain forgery offences.

II. Selection / Structure of a Jury

- Since September 2000, jurors are selected for jury service by computer.

- The Central Summoning Bureau select jurors from electoral rolls, check for any records of convictions, issue summonses and liaise with the courts on how many jurors are required.

- No one has any power to interfere with this process.

- The selection is random=>some people never get called, others may be called several times

- A person's chances of doing jury service during their lifetime are about 15%

- Consists of 6 or, mostly, 12 persons.

- USA => A jury is able to decide 11-1 on a verdict.

- England => A jury is able to decide 10-2 on a verdict.

III.