Introduction
The jury is a cornerstone of the legal system in England and Wales, representing a tradition of trial by one's peers that dates back centuries. The primary role of the jury is to act as the ‘tribunal of fact’, a function that involves weighing evidence presented in court and reaching a conclusion based on that evidence. While most commonly associated with criminal trials, juries also have a limited but important role in the civil justice system and in Coroners' Courts. This essay will explain these distinct functions, focusing on the jury's core responsibility in the Crown Court.
The Role in Criminal Cases
The jury's most significant and frequent role is in the Crown Court, where they decide the verdict for serious (indictable) criminal offences. The function of the jury is clearly separated from that of the judge. The judge is the arbiter of law; they decide which evidence is admissible, direct the jury on the relevant legal principles, and sum up the case at the end of the trial. The judge also has the sole responsibility for sentencing the defendant if they are found guilty.
In contrast, the 12 members of the jury are the exclusive deciders of fact. Their duty is to listen to the evidence from both the prosecution and defence, including witness testimony and physical evidence, and decide whether, on the facts presented, the defendant is guilty or not guilty. The standard of proof is high: the jury must be satisfied of the defendant's guilt ‘beyond reasonable doubt’.
After the judge's summing-up, the jury retires to a private room to deliberate. Their discussions are secret, and it is a criminal offence to disclose anything said during deliberations. Initially, the jury is directed to reach a unanimous verdict. However, if they cannot all agree, the judge may, after a reasonable period (usually at least two hours), permit a majority verdict under the Juries Act 1974. A valid majority verdict can be 11-1 or 10-2.
Crucially, the jury is an independent body. This principle was established in Bushell’s Case (1670), which confirmed that jurors cannot be punished for a verdict that displeases the judge. This independence allows for the possibility of a ‘perverse’ verdict, where the jury acquits a defendant despite evidence of their guilt, perhaps because they believe the law is unjust. An example is R v Owen (1992), where the defendant was acquitted of attempted murder after shooting the man who had killed his son, likely due to jury sympathy. This demonstrates the jury’s role as a check on state power and a barometer of public conscience.
The Role in Civil Cases and Coroners' Courts
The role of the jury in civil cases has been drastically reduced over the last century and is now rare. The Senior Courts Act 1981, section 69, provides a qualified right to a jury trial in a small number of civil cases, namely claims of defamation, false imprisonment, and malicious prosecution. In these cases, a jury of eight will decide if the claimant has proven their case on the balance of probabilities and will also determine the amount of damages to award. However, the court retains the discretion to order a trial by judge alone if the case involves complex documents or accounts.
Juries also have a function in some inquests held in Coroners' Courts. A jury will be summoned to determine the cause of death in specific circumstances, such as a death in custody or where the death resulted from an accident at work which requires public notification. Their role is purely inquisitorial; they hear evidence to determine who the deceased was and how, when, and where they came to their death, but they do not decide on any person's criminal or civil liability.
Conclusion
In summary, the principal role of the jury in the English legal system is to decide the facts in serious criminal cases, thereby determining the guilt or innocence of the accused. They operate independently of the judge, providing a vital democratic element within the justice system. While their function in civil proceedings is now exceptional, and their role in inquests is purely fact-finding, it is in the Crown Court that the jury performs its most celebrated and fundamental duty as a bastion against the arbitrary use of state power.
References
- Bushell's Case (1670) 124 ER 1006
- Juries Act 1974
- R v Owen (1992) 93 Cr App R 16
- Senior Courts Act 1981
- Watkins, C., et al. (2017) EDUQAS AS/A-level Law Book 1. Illuminate Publishing.
