Juries Act 1974
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The Juries Act 1974 (c. 23) is an Act of the
Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...
. According to its
long title In certain jurisdictions, including the United Kingdom and other Westminster-influenced jurisdictions (such as Canada or Australia), as well as the United States and the Philippines, primary legislation has both a short title and a long title. The ...
, the purpose of the Act is "to consolidate certain enactments relating to juries, jurors and jury service with corrections and improvements made under the Consolidation of Enactments (Procedure) Act 1949." Among others, the Act states who is eligible for
jury service Jury duty or jury service is service as a juror in a legal proceeding. Juror selection process The prosecutor and defense can dismiss potential jurors for various reasons, which can vary from one state to another, and they can have a specifi ...
in
England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
, who is disqualified, and who may be excused. Under the provisions of the Act, any individual is qualified to serve as a juror or be called upon for jury duty in the
Crown Court The Crown Court is the court of first instance of England and Wales responsible for hearing all Indictable offence, indictable offences, some Hybrid offence, either way offences and appeals lied to it by the Magistrates' court, magistrates' court ...
, High Court or county courts if: #they are registered as a parliamentary or local government elector, #they are between the ages of 18 and 75, #they have been ordinarily resident in the United Kingdom, the
Channel Islands The Channel Islands ( nrf, Îles d'la Manche; french: îles Anglo-Normandes or ''îles de la Manche'') are an archipelago in the English Channel, off the French coast of Normandy. They include two Crown Dependencies: the Bailiwick of Jersey, ...
or the
Isle of Man ) , anthem = "O Land of Our Birth" , image = Isle of Man by Sentinel-2.jpg , image_map = Europe-Isle_of_Man.svg , mapsize = , map_alt = Location of the Isle of Man in Europe , map_caption = Location of the Isle of Man (green) in Europe ...
for any period of at least five years since the age of 13, and #they are not otherwise ineligible or disqualified. Section 17 of the Act allows majority verdicts for the first time in England and Wales: in the Crown Court or High Court, one juror may dissent without resulting in a
hung jury A hung jury, also called a deadlocked jury, is a judicial jury that cannot agree upon a verdict after extended deliberation and is unable to reach the required unanimity or supermajority. Hung jury usually results in the case being tried again. ...
if the jury consists of at least ten persons, or two if there are at least eleven; and at least seven must agree in the County Court regardless of size. Normally there are twelve, and the minimum size is eight.


Eligibility and excusal

A person is liable for jury service if that person: *is registered to vote in parliamentary or local elections * is aged between 18 and 75 inclusive * has been resident in the United Kingdom, the Channel Islands or the Isle of Man for a period of at least five years since the age of 13; * is not disqualified. The following persons are disqualified from jury service: *A person subject to one of various orders under the
Mental Health Act 1983 The Mental Health Act 1983 (c.20) is an Act of the Parliament of the United Kingdom. It covers the reception, care and treatment of mentally disordered people, the management of their property and other related matters, forming part of the ment ...
*A person who lacks mental capacity, as defined by the
Mental Capacity Act 2005 The Mental Capacity Act 2005 (c 9) is an Act of the Parliament of the United Kingdom applying to England and Wales. Its primary purpose is to provide a legal framework for acting and making decisions on behalf of adults who lack the capacity ...
*A person who is on bail in criminal proceedings *A person who has ever been given a prison sentence of at least five years, or an indefinite sentence *A person who has been convicted of one of several offences relating to their conduct as a juror or member of a court martial in the last ten years *A person who has been lawfully imprisoned, or subjected to a suspended prison sentence or one of various types of community order, in the United Kingdom, the Channel Islands or the Isle of Man in the last ten years A person who has served on a jury, other than in a coroner's court, within the last two years is entitled to be excused. The court also has power to excuse any person who has good reason to be excused, in particular a serving member of the armed forces whose commanding officer certifies that it would be prejudicial to the efficiency of the service for him to be absent from duty. Service may be deferred rather than excused at the court's discretion.


Disqualification before 2004

Until the coming into force of Schedule 33 of the
Criminal Justice Act 2003 The Criminal Justice Act 2003 (c. 44) is an Act of the Parliament of the United Kingdom. It is a wide-ranging measure introduced to modernise many areas of the criminal justice system in England and Wales and, to a lesser extent, in Scotland an ...
on 5 April 2004, the following were disqualified: *The
judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
*Those concerned with administration of justice, e.g. policemen, solicitors, barristers, forensic scientists or prison wardens *The
clergy Clergy are formal leaders within established religions. Their roles and functions vary in different religious traditions, but usually involve presiding over specific rituals and teaching their religion's doctrines and practices. Some of the ter ...
, e.g. men in holy orders or regular ministers of any religious denomination *Mentally ill persons subject to various orders *Certain persons subject to imprisonment or probationSchedule 1
Additionally, the following persons could be excused from jury service as of right: *Those aged 76 or over *Members and officers of the
Houses of Parliament The Palace of Westminster serves as the meeting place for both the House of Commons and the House of Lords, the two houses of the Parliament of the United Kingdom. Informally known as the Houses of Parliament, the Palace lies on the north bank ...
*Members of the
Scottish Parliament The Scottish Parliament ( gd, Pàrlamaid na h-Alba ; sco, Scots Pairlament) is the devolved, unicameral legislature of Scotland. Located in the Holyrood area of the capital city, Edinburgh, it is frequently referred to by the metonym Holyro ...
and the Scottish Executive *Members of the
Welsh Assembly The Senedd (; ), officially known as the Welsh Parliament in English and () in Welsh, is the devolved, unicameral legislature of Wales. A democratically elected body, it makes laws for Wales, agrees certain taxes and scrutinises the Welsh Gove ...
*Members of the
European Parliament The European Parliament (EP) is one of the legislative bodies of the European Union and one of its seven institutions. Together with the Council of the European Union (known as the Council and informally as the Council of Ministers), it adopts ...
*The Auditors General for Wales and Scotland *Full-time serving members of the naval, military or air forces *Members of the medical profession, e.g. registered and practising doctors, nurses, dentists or vets *Members of religious orders whose beliefs are incompatible with jury service *Those who have previously served on a jury within the past two years The Act also states that personation of a juror may result in the trial in which the juror sat being voided; but other irregularities will not, unless the irregularity was objected to as soon as practicable.Section 18(3)


See also

*
Juries Act Juries Act (with its variations) is a stock short title used for legislation in the United Kingdom relating to juries. List * The Juries Act 1871 ( 34 & 35 Vict. c. 2) * The Juries Act 1974 The Juries Acts 1825 to 1870 was the collective title ...


References

United Kingdom Acts of Parliament 1974 Acts of the Parliament of the United Kingdom concerning England and Wales Legal procedure {{UK-statute-stub