The Jury

Injury trials the judge decides questions of law, sums up the evidence for the jury and instructs it on the relevant law, and discharges the accused or passes sentence. Only the jury decides whether the defendant is guilty or not guilty. In England and Wales, if the jury cannot reach a unanimous verdict, the judge may direct it to bring in a majority verdict provided that, in the normal jury of 12 people, there are not more than two dissentients. In Scotland, where the jury consists of 15 people, the verdict may be reached by a simple majority, but as a general rule, no person may be con­victed without corroborated evidence. If the jury returns a verdict of 'not guilty' (or in Scotland 'not proven', which is an alternative verdict of ac­quittal), the prosecution has no right of appeal and the defendant cannot be tried again for the same offence. In the event of a 'guilty' verdict, the de­fendant has a right of appeal to the appropriate court.

A jury is completely independent of the judiciary. Any attempt to in­terfere with a jury once it is sworn in is punishable under the Contempt of Court Act 1981.

Although the right of the defence to challenge- up to three potential members of a jury without giving any reason is to be abolished in England and Wales, it will remain open to both parties to challenge potential ju­rors by giving reasons where they believe that an individual juror is likely to be biased.

People between the ages of 18 and 65 whose names appear on the electoral register, with certain exceptions, are liable for jury service and their names are chosen at random. (Proposals to increase the upper age limit from 65 to 70 in England and Wales are contained in the Criminal Justice Act 1988.) Ineligible persons include the judiciary, priests, people who have within the previous ten years been members of the legal profes­sion, the Lord Chancellor's Department, or the police, prison and pro­bation services, and certain sufferers from mental illness. Persons dis­qualified from jury service include those who have, within the previous ten years, served any part of a sentence of imprisonment, youth custody or detention, or been subject to a community service order, or, within the previous five years, been placed-on probation. Anyone who has been sen­tenced to five or more years' imprisonment is disqualified for life.