AC2.5 Discuss the use of lay people in criminal cases
The term “lay people” refers to the use of non-legally educated personnel within the justice
system in an attempt to make a fairer, more just system.
Juries
Members of the jury are randomly selected from the national roll. 15 jurors enter the court
however only 12 are selected to sit for a case, the other 3 go back to the jury room to wait to
be selected for another case. The jury may make a unanimous decision on a case, this
means that all of the jurors make a guilty or not guilty verdict as a 12-0 vote. A majority
decision is a decision either way that has more than half of the votes, for example, a 7-5
however to secure a conviction a 10-2 majority is usually needed. Some cases end with a
hung jury, this happens when a 6-6 vote has been made, the trial then concludes and it is up
to the CPS to decide if they will push for a retrial. To become a member of the jury, you must
be aged 18-75 (originally 65) with no prior legal training. You must also have lived in the
country for at least 5 years and not be on bail for an offence.
Juries Act 1974 and the Criminal Justice Court Act 2015
The Juries Act 1974 listed who can and cannot sit on a jury however its significance comes
from section 20 which listed a number of offences a member of the jury could commit. These
offences include: researching a case outside of court; intentionally relaying out-of-court
information to other members of the jury; intentionally disclosing information regarding the
case and intentionally disclosing information about other jurors opinions, views or votes.
These offences were punishable by the offender being held in contempt in court. The Juries
Act was amended by the Criminal Justice Court Act 2015 which modified the offences to
reflect technological advances (uses of the internet by jurors) but also made it a criminal
offence rather than an offence held in contempt, these offences are now punishable to 2
years per offence.
Strengths of a Jury
Having a Jury trial strengthens public confidence in the system, this builds on the
fundamental democratic values and, by giving members of the public such an important role
in the criminal justice system, it removes public fear of corruption within the system.
Members of the jury also gain an insight into how the criminal justice system works, they
also learn about points of law when the judge directs them, this allows the community to
have the chance to learn more about the system. Having 12 jury members means that no
individual person is responsible for making a decision on someone's liberty, this also allows
for multiple thoughts and opinions to be discussed rather than it just going off of the judges,
jury decisions are also made in private, no one can make a juror explain their decision which
means they can make a verdict even if it is not popular with the public. Jurors can come
back with a ‘not guilty’ verdict even if the defendant has said or the jury believes that they
are guilty based on the moral views of a jury, this is called jury equity. This was seen in R v
Owen where the jury acquitted a man who attempted to murder the guy who killed his son as
the jury didn’t believe it would be right for him to serve time given the circumstances of the
offence.
The term “lay people” refers to the use of non-legally educated personnel within the justice
system in an attempt to make a fairer, more just system.
Juries
Members of the jury are randomly selected from the national roll. 15 jurors enter the court
however only 12 are selected to sit for a case, the other 3 go back to the jury room to wait to
be selected for another case. The jury may make a unanimous decision on a case, this
means that all of the jurors make a guilty or not guilty verdict as a 12-0 vote. A majority
decision is a decision either way that has more than half of the votes, for example, a 7-5
however to secure a conviction a 10-2 majority is usually needed. Some cases end with a
hung jury, this happens when a 6-6 vote has been made, the trial then concludes and it is up
to the CPS to decide if they will push for a retrial. To become a member of the jury, you must
be aged 18-75 (originally 65) with no prior legal training. You must also have lived in the
country for at least 5 years and not be on bail for an offence.
Juries Act 1974 and the Criminal Justice Court Act 2015
The Juries Act 1974 listed who can and cannot sit on a jury however its significance comes
from section 20 which listed a number of offences a member of the jury could commit. These
offences include: researching a case outside of court; intentionally relaying out-of-court
information to other members of the jury; intentionally disclosing information regarding the
case and intentionally disclosing information about other jurors opinions, views or votes.
These offences were punishable by the offender being held in contempt in court. The Juries
Act was amended by the Criminal Justice Court Act 2015 which modified the offences to
reflect technological advances (uses of the internet by jurors) but also made it a criminal
offence rather than an offence held in contempt, these offences are now punishable to 2
years per offence.
Strengths of a Jury
Having a Jury trial strengthens public confidence in the system, this builds on the
fundamental democratic values and, by giving members of the public such an important role
in the criminal justice system, it removes public fear of corruption within the system.
Members of the jury also gain an insight into how the criminal justice system works, they
also learn about points of law when the judge directs them, this allows the community to
have the chance to learn more about the system. Having 12 jury members means that no
individual person is responsible for making a decision on someone's liberty, this also allows
for multiple thoughts and opinions to be discussed rather than it just going off of the judges,
jury decisions are also made in private, no one can make a juror explain their decision which
means they can make a verdict even if it is not popular with the public. Jurors can come
back with a ‘not guilty’ verdict even if the defendant has said or the jury believes that they
are guilty based on the moral views of a jury, this is called jury equity. This was seen in R v
Owen where the jury acquitted a man who attempted to murder the guy who killed his son as
the jury didn’t believe it would be right for him to serve time given the circumstances of the
offence.
