Jury (England and Wales)
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| Jury (England and Wales) | |
|---|---|
| Name | Jury (England and Wales) |
| Established | Middle Ages |
| Jurisdiction | England and Wales |
| Court | Crown Court; Magistrates' Court (limited) |
| Composition | 12 jurors (criminal); 10–12 (historical) |
| Authority | Parliament; Courts Act 1971; Juries Act 1974 |
Jury (England and Wales) A jury in England and Wales is a panel of citizens sworn to decide facts in criminal and some civil trials in the Crown Court and historically in Quarter Sessions and assizes. Juries operate under rules derived from common law, statutes enacted by the Parliament of the United Kingdom, and precedent from judgments in the Supreme Court of the United Kingdom and earlier appellate courts such as the Court of Appeal of England and Wales and the House of Lords.
History and development
Jury trial traces to feudal institutions like the Magna Carta era juries, with origins in practices under the Norman Conquest, the development of royal justice under Henry II of England and reforms after the Glorious Revolution. Landmark statutes and cases such as developments in the Judicature Acts era, decisions of the King's Bench and the evolution of trial practice in the Old Bailey shaped modern practice. Reforms through the 19th and 20th centuries involved the Judicial Committee of the Privy Council, Parliamentary Acts including the Juries Act 1974 and procedural change following inquiries like those stemming from the Shipman case and the Hillsborough disaster inquests.
Eligibility and jury service
Eligibility is governed by statute and practice, with criteria set by the Juries Act 1974 and amendments through Parliament. Potential jurors are drawn from registers produced by local authorities such as the London Borough of Camden or Greater Manchester Combined Authority areas, using electoral registers maintained after reforms inspired by debates in the House of Commons and House of Lords. Disqualifications originate from legislation influenced by concerns after events like the Guildford Four and enquiries related to the Criminal Cases Review Commission remit. Notable exclusions and exemptions have been shaped by precedents from rulings in the High Court of Justice and guidance from the Ministry of Justice.
Selection and empanelment
Selection uses randomization from electoral registers for areas including Westminster and Birmingham, with administration by juror summoning officers and clerks associated with the Crown Court and local County Hall registries. Voir dire procedures, challenges to jurors and empanelment follow principles articulated in judgments by the Court of Appeal of England and Wales and sometimes involve directions from trial judges in accordance with the Criminal Procedure Rules and guidance published by the Judicial Office of England and Wales. Historic practices at venues like the Central Criminal Court informed modern rules on peremptory challenges and jury vetting debated in Parliament.
Role, duties and conduct of jurors
Jurors must listen to evidence, apply directions from the presiding judge such as those reinforced by rulings in the R v. Ponting and R v. R lines of authority, and deliver verdicts according to law. Custodial arrangements and juror welfare are managed by protocol linked to institutions like HM Prison Service when sequestration occurred in high-profile trials such as those tried at the Old Bailey. Conduct rules prohibiting exposure to media from outlets including the BBC, The Times, and social platforms trace to concerns highlighted in proceedings involving the Derek Bentley case and later modern miscarriages reviewed by the Criminal Cases Review Commission.
Trial procedures and deliberation
Trials proceed under the aegis of the Crown Court, with indictment and arraignment procedures influenced by precedents from the Central Criminal Court and statutory frameworks like the Prosecution of Offences Act 1985. Judges give legal directions referencing case law from the House of Lords, jury trials may include evidentiary rulings informed by decisions in the European Court of Human Rights when human rights issues under the Human Rights Act 1998 arise. Deliberation is secretive and internal; verdicts—guilty or not guilty—are returned by the jury following judicial directions and have been subject to appellate scrutiny in cases reviewed by the Court of Appeal of England and Wales and occasionally the Supreme Court of the United Kingdom.
Legal challenges and reforms
Challenges to jury verdicts and reform proposals have engaged actors such as the Lord Chief Justice of England and Wales, commissions like the Royal Commission on Criminal Justice, and the Criminal Cases Review Commission. Debates over secret ballots, majority verdicts, jury anonymity, and jury vetting have been influenced by incidents like the Birmingham Six and policy papers debated in the House of Commons and House of Lords. Recent legislative and policy changes reflect input from the Ministry of Justice, judicial training by the Judicial College, and guidance from appellate authorities including the Court of Appeal of England and Wales and rulings referencing the European Convention on Human Rights.