Can I challenge a juror?
It is a common feature of American courtroom drama that a defence attorney moves to remove a juror that they do not like the look of. Many clients wonder whether the same type of challenge can take place in an English courtroom.
The Jury Pool
In some circumstances there can be a challenge to the entire jury pool. This can happen in cases where local emotion is running so high that it would not be appropriate to try the case at the usual crown court centre.
An example of this was the trial of Jon Venables and Robert Thompson. They stood trial for, and were later convicted of, murdering two-year old Jamie Bulger in Merseyside. Their hearing was held not in the usual place, Liverpool Crown Court, but Preston.
In other cases there may be challenges to jurors with a particular characteristic. In the Hillsborough trial that took place earlier in 2019 the 100 potential jurors were handed a questionnaire asking for any reasons why they cannot sit on the jury, including potential links to the disaster, victims, police or criminal justice agencies.
They were also asked whether they or any close family members or friends were fans of Liverpool, Everton, Sheffield Wednesday or Nottingham Forest football clubs.
It is quite usual in trials for potential jurors to be read a list of witnesses in the case. This is to try to ensure no juror with a personal connection is sitting.
There can be no challenge to the make-up of a jury. For example, you cannot challenge because it is all-male, or lacking in racial balance.
Challenging an individual juror
A challenge to an individual juror is referred to as a ‘challenge for cause’ (section 12 Juries Act 1974). Challenge can be made both by prosecution and defence. There is also a prosecution power to ‘stand by’ a juror, but this is not considered in this article.
A challenge can be on the basis that the person is not eligible for jury service or for some other reason. The right to challenge without cause was abolished some years ago.
A challenge should be made before the juror is sworn, although the court has permitted a small degree of latitude (R. v. Harrington, 64 Cr.App.R. 1, CA.)
In practice, a successful challenge for cause is very rare.
Should we be concerned about juror bias?
Many people make observations about jury composition; an example we hear regularly is that a female jury is more likely to acquit in a rape case.
In truth, we do not know whether this and other claims are valid or not. There has been little research into jury decision making.
In our view, minds should be focussed much more on first-class case preparation and advocacy rather than abstract notions of perceived juror bias, particularly when there is not a great deal that can be done about it anyway.
How we can assist
If you need specialist advice in relation to any criminal investigation or prosecution, from the initial investigation through to court proceedings, please get in touch. Call John Howey on 020 7388 1658 or email jhowey@jfhlaw.co.uk. Let us help.
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Jury Trial; What is this? How does it work?
We talk a lot in this Country about the benefits of a jury trial, how leaving the decision in the hands of 12 people chosen at random, is the fairest way of securing justice, but how does a jury decide?
There is a lot that we do not know
Ironically, the process of how a jury reaches its decision is unknown as laws prevent us examining jury decisions and questioning them on their findings.
There are lots of academic studies, but in reality, they shed little light on the process.
What we do know however is the legal process that guides them in their decision making and despite the lack of ‘hard proof.’ most lawyers actively support trial by jury.
The internet age
The power of Google and new networking spaces such as Facebook and Twitter can present challenges to a jury trial if jurors seek information from these sources. There is a good reason why certain information is withheld from a jury (for example previous convictions), and going behind explicit instructions not to discuss evidence with anyone other than a fellow juror when the jury is assembled, or seeking information from external sources, undermines jury trial.
For this reason, jurors will be given clear warnings throughout the trial process.
We start with 12
We always start with 12; no criminal jury trial can commence with fewer jurors. Unlike in America, there is no selection process. Neither the prosecution nor the defence can object to a particular juror.
For lots of reasons, however, a trial does not always finish with 12. Jurors may become sick and be unable to return, or in rare cases, they may be removed from a jury due to some misconduct during the trial. As long as the number of jurors does not fall below 9, a verdict can be reached.
A unanimous verdict
At all times, the Judge will be seeking a unanimous verdict from the jury, that is a verdict upon which all the jurors are agreed, so either guilty or not guilty.
In the early stages of deliberation, a Judge is prevented by law from accepting a majority verdict, but the time may come when a majority decision is permissible. The timing of that will depend very much on the facts of the particular case.
When a majority verdict becomes permissible, the jury will be brought back into court and advised accordingly. However, even at that stage, they will be asked to still arrive at a unanimous verdict if that is possible. If it is not possible, then a majority verdict will be acceptable.
Deadlock
On occasion, it will become apparent to the Judge that the jury cannot reach a verdict, even a majority one. The Judge will often know this as the jury will write a note to explain the situation. The contents of that note will usually not be shared with the advocates, and this is often because ‘it contains numbers’, i.e. how many jurors are voting one way or the other. Such notes remain confidential in all trials.
When a deadlock occurs a ‘give and take’ direction will be given, calling upon all jurors to use their collective wisdom to reach a decision.
Decision reached
If the jury reaches a unanimous verdict the issue is settled, but if not, and the time is appropriate for a majority verdict, a majority may be acceptable.
Whether a majority verdict is acceptable depends on the balance of votes, which in turn depends on how many jurors remain.
The combinations are:
Where there are 12 jurors: 11 – 1 or 10 – 2
Where there are 11 jurors: 10 -1
Where there are 10 jurors: 9 – 1
(where the jury falls to 9 jurors, only a unanimous verdict is acceptable).
If the verdict is not guilty, the defendant is free to leave court (assuming that there are no other matters remaining), if guilty, the judge will go on to consider sentencing.
Back to deadlock
If despite further deliberation it becomes clear that the jury is deadlocked, the jury will be discharged, and the trial will be over.
In these circumstances, the prosecution may either proceed with a new trial or abandon the trial (for example where it is clear at that stage that the evidence is weak).
How we can assist
We realise that the trial process can be difficult for both our clients and their families. We work hard at all stages to explain what is going on and what will happen next.
It is your case and you ought not to be reduced to a mere bystander as the legal process occurs around you.
As experienced trial lawyers, we do not lose sight of the person behind the proceedings.
If you would like advice about a criminal case, please contact us on 020 7388 1658, or info@jfhcrime.co.uk.
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