MLL218 Study Guide - Final Guide: 18 Months, All England Law Reports
24 May 2018
School
Department
Course
Professor
11 The Jury System
THE ROLE OF THE JURY
- Determine the facts and then apply the law
- Judge gives general direction in most trials
FUNCTIONS
1. Protects the accused from:
a. Three branches
2. Applies a ordiary persos opiio
3. Decision based on facts not precedent
4. Educates the community
SELECTION OF JURORS
◼ Serey of jurors idetity presered offee to pulish aes, photos et s 77
◼ Jury deliberations confidential s 78
◼ Information available about each potential juror?
Name s 31(1)
When security requires, each potential juror shall have their number called
out rather than their name) s 31 (3)
When 2 potential jurors have the same name, their occupations shall be
called out as well s 31 (2)
REPRESENTATIVE?
Local people, randomly selected civilians. Jury Act 2000 s 4. Persons aged 18 or above and
enrolled as an elector.
Juries Commissioner v Slattery [2017] VSC 3
Facts:
Sean Slattery was called for jury service and given a deferral in May
2016. He was called again in September 2016; this application for
deferral was refused. Slattery told the Juries Commissioner that he
would not attend jury service.
Held:
Charged with breach of s71, convicted in Supreme Ct, fined $2,000
and ordered to do 80 hours of community service.
INELIGIBLE: People from public service, lawyers etc.
find more resources at oneclass.com
find more resources at oneclass.com
SELECTION – PRE TRIAL
R v Ford [1989] 3 All ER 445
Facts:
◼ Accused (Englishman of mixed background, identified as black)
charged with driving offence (unlawful use of motor car)
Held:
◼ At trial, requested that multiracial jury be empanelled. Trial judge
refused. Convicted. Appealed.
◼ Ct of Appeal: ‘fairess is ahieved y the priiple of rado
selection: fairess i jury opositio est attaied y rado
selection (also required by statute); trial judge had no authority to
influence composition of jury (NOT appropriate to interfere) t.
◼ Nb appeal allowed on other grounds
SELECTION – AT TRIAL
Here can apply to be excused if know someone involved. The jury will be informed of the:
- Length of trial
- Name of accused
- Nature of charges
- Names of witnesses/all those involved (lawyers, judge etc).
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Determine the facts and then apply the law. Functions: protects the accused from, three branches, applies a(cid:374) ordi(cid:374)ary perso(cid:374)(cid:859)s opi(cid:374)io(cid:374, decision based on facts not precedent, educates the community. Se(cid:272)re(cid:272)y of jurors(cid:859) ide(cid:374)tity preser(cid:448)ed (cid:894)offe(cid:374)(cid:272)e to pu(cid:271)lish (cid:374)a(cid:373)es, photos et(cid:272)(cid:895) s 77. When security requires, each potential juror shall have their number called out rather than their name) s 31 (3) When 2 potential jurors have the same name, their occupations shall be called out as well s 31 (2) Persons aged 18 or above and enrolled as an elector. Sean slattery was called for jury service and given a deferral in may: he was called again in september 2016; this application for deferral was refused. Slattery told the juries commissioner that he would not attend jury service. Charged with breach of s71, convicted in supreme ct, fined ,000 and ordered to do 80 hours of community service. R v ford [1989] 3 all er 445.
