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Role of the jury |
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The jury is the sole arbiter of fact
(what happened), not the law, that is the function of the judge.
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Crown Court |
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High Court |
Juries are sometimes seen in the High Court to
hear defamation cases. Some defamation cases go ahead without juries if
the judge so rules, for example if there are masses of papers to be read.
The jury determines the facts (i.e. whether or not
the defendant is liable) and also decides the amount of damages to be awarded.
They may be used in cases involving fraud or
malicious prosecution, or when the civil action is based on a disputed
allegation of criminal conduct. |
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Civil jury trials
When is a jury trial
ordered?
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County Courts Act 1984,
section 66 for false imprisonment or malicious prosecution.
Similar provision in
Supreme Court Act 1981, section 69.
There are three categories of
proceedings:
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Section 66 specifies
certain proceedings where the trial shall always be without a jury.
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In all other county
court proceedings, trial shall be without a jury unless the court otherwise
orders on application. Under CPR, application must be made for a jury trial
within 28 days of filing defence.
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Statutory presumption
in favour of jury trial in certain circumstances unless the court is of the
opinion that the trial requires any prolonged examination of any
documents or accounts, or any scientific or local investigation which
cannot conveniently be made with a jury.
The cases where there is a
prima facie entitlement to a jury are where the court is satisfied that there
is in issue:
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a charge of fraud against the party making the application; or
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a claim in respect of libel, slander, malicious prosecution or
false imprisonment; or
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any question or issue of a kind prescribed for the purposes of
this paragraph.
There is a discretion to
allow jury trial in other actions but a general reluctance to do so. See Racz
v Home Office [1994] where the House of Lords refused to extend by
analogy to misfeasance in public office, which since this case is no longer an
action tried by jury. (JSB
Guidance) |
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County Court |
They are occasionally used in the County Court for
actions against the State, for example where someone is suing the police
(malicious prosecution or false imprisonment and perhaps battery). |
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In civil cases the jury consists of 8 jurors |
Section 67 of the County
Courts Act 1984 provides for a jury of eight, this means there can be a
majority verdict of seven and the parties can even agree to take a lesser
majority verdict. |
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Coroner's Court |
A coroners' hearing is usually referred to as an
"inquest", which is held where someone;
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has died a violent or an unnatural death;
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has died a sudden death of which the cause is
unknown; or
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has died in prison or in such a place or in such
circumstances as to require an inquest under any other Act (Sec
8 Coroners Act 1988)
The function of an inquest (with or without a
jury) is to discover two facts
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who the deceased was; and
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how, when and where the deceased came by his
death.
There can be any number of jurors between 7 and
11.
Under the
Sec 8 Coroners Act 1988 a jury will only sit with a coroner in four
circumstances.
Where the death appears:
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to have occurred in prison, or
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to have occurred in police custody or where death
followed an injury caused by the police, or
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the death is required to be reported by law to be
to a government department or to the HSE, or
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to have occurred in circumstances prejudicial to
public health or safety.
The coroner may also sit with a jury in other
cases if it appears to him that there is reason to do so.
In circumstances other than the above the coroner
sits alone.
Further information about coroners at King's
College
here |