Jury trials

By Kimberley Slater

Senior Partner

Jury trials are a feature of legal systems around the world, and hold a special place under certain constitutions. In the UK, in the asbence of a written constitution, there is still an embedded right for anyone facing over 6 months of imprisonment to have a trial by jury. In 1215, the Magna Carta included recognition that a person has the right to be trialled by ‘the lawful judgment of his peers’. By the middle of the 15th century, juries had become known as independent assessors and were notorious for their role as deciders of fact. There’s also limited rights under civil claims to have, such as for cases involving defamation, false imprisonment, malicious prosecution and cases alleging fraud. A jury of 12 members will be used.

Why is a jury important?

Juries play a crucial role in the legal system and serve multiple important functions. Here are a few reasons why juries are considered important:

1. Impartial Judgment: Juries are a representation of the community and are composed of individuals who are randomly selected and deemed impartial. They have no personal or professional connection to the case or the parties involved, ensuring a fair and unbiased assessment of the evidence and arguments presented.

2. Community Participation: Juries are an essential component of a democratic society, as they allow citizens to actively participate in the legal process. By serving on a jury, individuals contribute to upholding the rule of law and ensuring justice is served.

3. Diverse Perspectives: Juries are typically composed of individuals from diverse backgrounds, bringing a variety of experiences, values, and perspectives to the decision-making process. This diversity helps ensure a well-rounded and comprehensive evaluation of the case.

4. Protection against Government Overreach: Juries act as a safeguard against potential abuses of power by the government or other entities involved in the legal process, such as prosecutors or judges. They provide a system of checks and balances to prevent arbitrary or unfair decisions.

5. Public Confidence in the Legal System: The presence of a jury enhances public trust and confidence in the legal system. The knowledge that an impartial group of peers is responsible for rendering a verdict helps ensure transparency, accountability, and legitimacy.

6. Fact-Finding and Case Evaluation: Juries are responsible for determining the facts of a case, evaluating the credibility of witnesses, and weighing the evidence presented. Their collective judgment helps in arriving at a fair and just outcome based on the law and the specific circumstances of the case.

Overall, juries serve as a fundamental aspect of the legal system, promoting fairness, community involvement, and public trust while playing a crucial role in ensuring justice is served.

What should I do if called to serve on a jury?

If you are summoned to serve on a jury, there are several steps you should take:

1. Read and Understand the Summons: Carefully read the summons you received, as it will contain important information such as the date, time, and location of the jury duty. Be sure to understand any instructions or requirements mentioned in the summons.

2. Confirm Your Eligibility: Ensure that you meet the eligibility criteria to serve on a jury based on your age, citizenship, residency, and any other requirements specified by the jurisdiction. If you have any concerns about your eligibility, contact the relevant court or jury office.

3. Plan Your Schedule: Jury duty can potentially disrupt your regular routine, so it is important to plan ahead. Note the dates of your service and make necessary arrangements, such as notifying your employer and arranging childcare if needed. Understand your rights and protections related to employment during jury duty.

4. Prepare Yourself: Familiarize yourself with the basic workings of the legal system and understand the role of a juror. Learn about the specific court procedures and any legal terminology that may be relevant to your case. This will help you better comprehend the information presented during the trial.

5. Attend Jury Selection: On the scheduled date, report to the designated court or jury office. During the selection process, known as voir dire, you may be questioned along with other potential jurors. Answer honestly and provide relevant information that helps the attorneys and the court in determining whether you are suitable for the case.

6. Follow Instructions: If selected as a juror, it is important to carefully follow all instructions provided by the judge. These instructions will pertain to rules of conduct, confidentiality, deliberation, and other aspects of the trial process. Your compliance will contribute to the fairness and integrity of the trial.

7. Engage Actively and Deliberate: Listen attentively to the evidence presented during the trial, take notes if allowed, and participate actively in the deliberation process with your fellow jurors. Contribute your insights, perspectives, and reasoning while respecting the opinions of others. Engaging in meaningful deliberation helps ensure a fair and impartial verdict.

Remember, jury duty is an essential civic duty and an opportunity to participate in the legal system. It is important to approach it with a sense of responsibility and commitment to upholding justice.

Recent jury trials

Some recent cases have shown how, in certain circumstances, the right to a jury can be curtailed or withdrawn outright. There is an established principle that, where a judge feels a jury may be compromised or at heightened risk, they can decide to try the case themselves. This is very much seen as an exemption and has been used rarely, such as for high profile terrorism.

In the UK we have seen a push towards less jury trials and even reductions in jury numbers, as discussed by my colleague Tana Adkin QC at https://www.barcouncil.org.uk/resource/guest-blog-how-will-restricting-jury-trial-and-reducing-jury-numbers-affect-the-delivery-of-justice.html

Then there are cases where a defendant’s representations to a jury may be directed to be discounted by a judge, or even ordered not to be heard (at risk of contempt of court). Again, whilst rare, this is being seen more often – for example, in the case of certain climate activists who sought to rely upon certain legal defenses.

It still remains possible for jury nullification to occur, where a jury may decide to give a not huilty (and in Scotland, ‘not proven’) verdict, even if they believe the law has been broken. It may be they regard the law itself as unjust, or that the punishment is too great, or prosecution is mistaken. In Scotland, ‘not proven’ verdicts are are based on an originating case of jury nullification. 

In the aforementioned environmental activist cases, we see examples where judges have issued explicit instructions to juries that inform there is ‘no defense in law’, essentially steering and encouraging juries to convict, but nonetheless not all juries have done so. Nonetheless, the widely reported case of Gayle Bradbrook (https://www.bbc.com/news/uk-england-gloucestershire-64193016) shows how juries can still be directed to exclude certain considerations, if not prevented from hearing them in the first place.