The institution of the jury is a fundamental component of the English and Welsh legal system, often described as a bastion of liberty and a symbol of democratic participation in the administration of justice. The primary role of the jury is to act as the ‘tribunal of fact’, meaning it is their responsibility to decide the facts of a case based on the evidence presented in court. This function is distinct from that of the judge, who acts as the ‘tribunal of law’, ensuring the trial is conducted fairly and directing the jury on the relevant legal principles. While the jury is most commonly associated with criminal trials, it also has a limited role in certain civil cases and in the Coroner’s Court.
The Jury in Criminal Trials
The most significant role for the jury is in the Crown Court, where they are used for all trials of indictable (serious) offences, such as murder and robbery. They are also used for some either-way offences where the defendant has elected to be tried by a jury rather than by magistrates. A jury in the Crown Court is composed of 12 randomly selected individuals who must decide whether the defendant is guilty or not guilty. Their role is to listen to the evidence presented by both the prosecution and the defence, including witness testimony and physical exhibits. After all the evidence has been heard, the judge provides a summing-up, which includes a summary of the facts and, crucially, directions on the law that the jury must apply to those facts.
Following the judge's summing-up, the jury retires to a private room to deliberate. Their deliberations are secret, a principle protected by the Contempt of Court Act 1981, which makes it an offence to obtain, disclose or solicit any details of their discussions. This secrecy is intended to allow for free and frank debate. The jury must attempt to reach a unanimous verdict. However, if after at least two hours of deliberation they cannot all agree, the judge may, under the Juries Act 1974, direct them that a majority verdict is acceptable. For a full jury of 12, a majority verdict can be 11-1 or 10-2. The jury’s decision is purely one of fact; they deliver a verdict of 'guilty' or 'not guilty' without providing any reasons, and the judge is then responsible for passing the sentence if the verdict is guilty. The independence of the jury from judicial pressure was established in the historic Bushell's Case (1670), confirming they are the sole judges of fact.
The Jury in Civil and Coroner's Courts
The role of the jury in civil cases has been severely curtailed and is now extremely rare. The Senior Courts Act 1981 and the County Courts Act 1984 provide a very limited right to a jury trial in specific types of cases, namely defamation, false imprisonment, malicious prosecution, and fraud. Even in these cases, a judge has the discretion to order the trial to proceed without a jury. When a jury is used in a civil case, its role is twofold: to decide on the facts (i.e., whether the claimant has proven their case on the balance of probabilities) and, if they find for the claimant, to determine the amount of damages to be awarded.
Finally, juries also have a role in some inquests held in the Coroner's Court. Under the Coroners and Justice Act 2009, a jury must be summoned for certain types of deaths, such as those occurring in prison or police custody, or where the death resulted from an act or omission of a police officer. The jury's role here is not to determine criminal or civil liability but to decide the identity of the deceased and the factual circumstances of their death, returning what is often a narrative verdict.
In conclusion, the jury's role is primarily to decide the facts of a case, thereby bringing the judgment of ordinary citizens into the legal process. This function is most prominent in serious criminal trials but extends, albeit in a very limited capacity, to specific civil claims and coroner's inquests.
References
Bushell's Case (1670) 124 ER 1006
Contempt of Court Act 1981
Coroners and Justice Act 2009
County Courts Act 1984
Elliott, C. and Quinn, F. (2021) English Legal System. 22nd edn. Pearson.
Juries Act 1974
Senior Courts Act 1981
