AC2.5 Discuss the use of lay people in criminal cases
Juries
Jurors are ordinary members of the public, or lay people, without legal knowledge, who
decide the outcome of criminal cases. The eligibility for jury selection and qualification is
contained in the Jury Act 1974 and the Criminal Justice Act 2003. Jurors:
Are randomly selected from the names on the electoral register
Are between the ages of 18 and 75
Have a residency requirement of five years or more in the UK, Channel Islands or the
Isle of Mann
Have no recent criminal convictions
A jury's role is to listen to the evidence and then decide the guilt or innocence of the
defendant. They are advised on the law by the judge and can take notes and ask questions,
via the judge, if so desired. The decision they make cannot be questioned.
Jury duty is compulsory, but there is a possibility of it being deferred for good reasons such
as a holiday, medical appointment, etc. Lawyers, judges and other legal personnel are now
able to carry out jury service as a result of the Criminal Justice Act 2003.
Strengths
Juries are ordinary people who, as such, can bring their own 'justice' or fairness to a case
(sometimes called jury equity). Even if a judge explains the law and how it should be
applied, the jury can still reach a verdict contrary to the evidence.
Case study
R v Owen – Jury equity can be shown in the case of R v Owen where the defendant's son
was killed by a reckless driver who was given a 12-month prison sentence. The driver
knocked Owen's son off his bicycle with a 30-ton truck, which was not insured and was not
roadworthy. Also, the driver had never passed a driving test and was blind in one eye. Owen
felt the sentence was insufficient and decided to take his justice for the loss of his son. He
went on to shoot the driver in the back and arm with a sawn-off shotgun. Charged with
attempted murder, Owen was guilty as he had deliberately shot the man. However, the jury
understood why he had done this and decided to acquit him. Later, some members of the
jury congratulated him. This was the jury's verdict, and nothing could be done about it.
The jury system is popular with the public, who have confidence in the system as they are
aware it is ordinary members of the public playing such an important role in the criminal
justice system. This right to be tried by your peers is enshrined in our history and is seen as a
democratic right. Moves to withdraw it for minor offences of theft were met with great
resistance. It is the 'lamp which shows that freedom lives' (Lord Devlin).
There are 12 people on a jury, which means no one individual is responsible; it allows for
numerous opinions to be discussed and taken into account. In addition, jury deliberations
are held in secret, and members of the jury cannot be called upon to explain their verdict.
This allows them to reach a decision even if it is not popular with the public.
The jury is impartial as members cannot be connected to anyone in the case. They only sit
for two weeks, unless agreed that the case may take longer, so do not become case-
hardened.
Juries
Jurors are ordinary members of the public, or lay people, without legal knowledge, who
decide the outcome of criminal cases. The eligibility for jury selection and qualification is
contained in the Jury Act 1974 and the Criminal Justice Act 2003. Jurors:
Are randomly selected from the names on the electoral register
Are between the ages of 18 and 75
Have a residency requirement of five years or more in the UK, Channel Islands or the
Isle of Mann
Have no recent criminal convictions
A jury's role is to listen to the evidence and then decide the guilt or innocence of the
defendant. They are advised on the law by the judge and can take notes and ask questions,
via the judge, if so desired. The decision they make cannot be questioned.
Jury duty is compulsory, but there is a possibility of it being deferred for good reasons such
as a holiday, medical appointment, etc. Lawyers, judges and other legal personnel are now
able to carry out jury service as a result of the Criminal Justice Act 2003.
Strengths
Juries are ordinary people who, as such, can bring their own 'justice' or fairness to a case
(sometimes called jury equity). Even if a judge explains the law and how it should be
applied, the jury can still reach a verdict contrary to the evidence.
Case study
R v Owen – Jury equity can be shown in the case of R v Owen where the defendant's son
was killed by a reckless driver who was given a 12-month prison sentence. The driver
knocked Owen's son off his bicycle with a 30-ton truck, which was not insured and was not
roadworthy. Also, the driver had never passed a driving test and was blind in one eye. Owen
felt the sentence was insufficient and decided to take his justice for the loss of his son. He
went on to shoot the driver in the back and arm with a sawn-off shotgun. Charged with
attempted murder, Owen was guilty as he had deliberately shot the man. However, the jury
understood why he had done this and decided to acquit him. Later, some members of the
jury congratulated him. This was the jury's verdict, and nothing could be done about it.
The jury system is popular with the public, who have confidence in the system as they are
aware it is ordinary members of the public playing such an important role in the criminal
justice system. This right to be tried by your peers is enshrined in our history and is seen as a
democratic right. Moves to withdraw it for minor offences of theft were met with great
resistance. It is the 'lamp which shows that freedom lives' (Lord Devlin).
There are 12 people on a jury, which means no one individual is responsible; it allows for
numerous opinions to be discussed and taken into account. In addition, jury deliberations
are held in secret, and members of the jury cannot be called upon to explain their verdict.
This allows them to reach a decision even if it is not popular with the public.
The jury is impartial as members cannot be connected to anyone in the case. They only sit
for two weeks, unless agreed that the case may take longer, so do not become case-
hardened.
