Juries Act 1974

Qualification for jury service

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• (1) Subject to the provisions of this Act, every person shall be qualified to serve as a juror in the Crown Court, the High Court and the county court and be liable accordingly to attend for jury service when summoned under this Act if—

• (a) he is for the time being registered as a parliamentary or local government elector and aged eighteen or over but under seventy six ;

• (b) he has been ordinarily resident in the United Kingdom, the Channel Islands or the Isle of Man for any period of at least five years since attaining the age of thirteen; and

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) he is not disqualified for jury service.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) The persons who are disqualified for jury service are those listed in Schedule 1.

Summoning

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• (1) Subject to the provisions of this Act, the Lord Chancellor shall be responsible for the summoning of jurors to attend for service in the Crown Court, the High Court and the county court and for determining the occasions on which they are to attend when so summoned, and the number to be summoned.

• (2) In making arrangements to discharge his duty under subsection (1) above the Lord Chancellor shall have regard to the convenience of the persons summoned and to their respective places of residence, and in particular to the desirability of selecting jurors within reasonable daily travelling distance of the place where they are to attend.

• (3) Subject to subsection (2) above, there shall be no restriction on the places in England and Wales at which a person may be required to attend or serve on a jury under this Act.

• (4) Subject to the provisions of this Act, jurors shall be so summoned by notice in writing sent by post, or delivered by hand.

For the purposes of section 7 of the Interpretation Act 1978 (presumption as to receipt of letter properly addressed and sent by post) the notice shall be regarded as properly addressed if the address is that shown in the electoral register, and a notice so addressed, and delivered by hand to that address, shall be deemed to have been delivered personally to the person to whom it is addressed unless the contrary is proved.

• (5) A written summons sent or delivered to any person under subsection (4) above shall be accompanied by a notice informing him—

• (a) of the effect of sections 1, . . . 10 and 20(5) of this Act; and

• (b) that he may make representations to the appropriate officer with a view to obtaining the withdrawal of the summons, if for any reason he is not qualified for jury service, or wishes or is entitled to be excused;

and where a person is summoned under subsection (4) above or under section 6 of this Act, the appropriate officer may at any time put or cause to be put to him such questions as the officer thinks fit in order to establish whether or not the person is qualified for jury service.

• (6) A certificate signed by the appropriate officer and stating that a written summons under this Act, properly addressed and prepaid, was posted by him shall be admissible as evidence in any proceedings, and shall be so admissible without proof of his signature or official character.

Electoral register as basis of jury selection

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• (1) Every electoral registration officer under the Representation of the People Act 1983 shall as soon as practicable after the publication of any register of electors for his area deliver to such officer as the Lord Chancellor may designate such number of copies of the register as the designated officer may require for the purpose of summoning jurors, and on each copy there shall be indicated those persons on the register whom the registration officer has ascertained to be, or to have been on a date also indicated on the copy —

• (a) aged under eighteen, or

• (b) aged seventy six or over.

• (1A) If a register to be delivered under subsection (1) above includes any anonymous entries (within the meaning of that Act of 1983) the registration officer must, at the same time as he delivers the register, also deliver to the designated officer any record prepared in pursuance of provision made as mentioned in paragraph 8A of Schedule 2 to that Act which relates to such anonymous entries.

• (2) The reference in subsection (1) above to a register of electors does not include a ward list within the meaning of section 4(1) of the City of London (Various Powers) Act 1957.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Withdrawal or alteration of summons

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If it appears to the appropriate officer, at any time before the day on which any person summoned under section 2 of this Act is first to attend, that his attendance is unnecessary, or can be dispensed with on any particular day or days, the appropriate officer may withdraw or alter the summons by notice served in the same way as a notice of summons.

Panels

5

• (1) The arrangements to be made by the Lord Chancellor under this Act shall include the preparation of lists (called panels) of persons summoned as jurors, and the information to be included in panels, the court sittings for which they are prepared, their division into parts or sets (whether according to the day of first attendance or otherwise), their enlargement or amendment, and all other matters relating to the contents and form of the panels shall be such as the Lord Chancellor may from time to time direct.

• (2) A party to proceedings in which jurors are or may be called on to try an issue, and any person acting on behalf of a party to such proceedings, shall be entitled to reasonable facilities for inspecting the panel from which the jurors are or will be drawn.

• (3) The right conferred by subsection (2) above shall not be exercisable after the close of the trial by jury (or after the time when it is no longer possible for there to be a trial by jury).

• (4) The court may, if it thinks fit, at any time afford to any person facilities for inspecting the panel, although not given the right by subsection (2) above.

• (5) The Lord Chancellor must consult the Lord Chief Justice before giving any direction under subsection (1).

• (6) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

Summoning in exceptional circumstances

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• (1) If it appears to the court that a jury to try any issue before the court will be, or probably will be, incomplete, the court may, if the court thinks fit, require any persons who are in, or in the vicinity of, the court, to be summoned (without any written notice) for jury service up to the number needed (after allowing for any who may not be qualified under section 1 of this Act, and for excusals and challenges) to make up a full jury.

• (2) The names of the persons so summoned shall be added to the panel and the court shall proceed as if those so summoned had been included in the panel in the first instance.

Attendance and service

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Subject to the provisions of this Act, a person summoned under this Act shall attend for so many days as may be directed by the summons or by the appropriate officer, and shall be liable to serve on any jury (in the Crown Court or the High Court or the county court) at the place to which he is summoned, or in the vicinity.

Excusal for previous jury service

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• (1) If a person summoned under this Act shows to the satisfaction of the appropriate officer, or of the court (or any of the courts) to which he is summoned—

• (a) that he has served on a jury, or duly attended to serve on a jury, in the prescribed period ending with the service of the summons on him, or

• (b) that the Crown Court or any other court has excused him from jury service for a period which has not terminated,

the officer or court shall excuse him from attending, or further attending, in pursuance of the summons.

• (2) In subsection (1) above “the prescribed period” means two years or such longer period as the Lord Chancellor may prescribe by order made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament, and any such order may be varied or revoked by a subsequent order under this subsection.

• (3) Records of persons summoned under this Act, and of persons included in panels, shall be kept in such manner as the Lord Chancellor may direct, and the Lord Chancellor may, if he thinks fit, make arrangements for allowing inspection of the records so kept by members of the public in such circumstances and subject to such conditions as he may prescribe.

• (4) A person duly attending in compliance with a summons under this Act shall be entitled on application to the appropriate officer to a certificate recording that he has so attended.

• (5) In subsection (1) above the words “served on a jury” refer to service on a jury in any court, including any court of assize or other court abolished by the Courts Act 1971, but excluding service on a jury in a coroner’s court.

Excusal for certain persons and discretionary excusal

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• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) If any person summoned under this Act shows to the satisfaction of the appropriate officer that there is good reason why he should be excused from attending in pursuance of the summons, the appropriate officer may , subject to section 9A(1A) of this Act, excuse him from so attending . . . .

• (2A) Without prejudice to subsection (2) above, the appropriate officer shall excuse a member of the regular forces from attending in pursuance of a summons if—

• (a) that member’s commanding officer certifies to the appropriate officer that it would be prejudicial to the efficiency of the service if that member were to be required to be absent from duty, and

• (b) subsection (2A) or (2B) of section 9A of this Act applies.

• (2B) Subsection (2A) above does not affect the application of subsection (2) above to a member of the regular forces in a case where he is not entitled to be excused under subsection (2A).

• (3) Criminal Procedure Rules shall provide a right of appeal to the court (or one of the courts) before which the person is summoned to attend against any refusal of the appropriate officer to excuse him under subsection (2) above or any failure by the appropriate officer to excuse him as required by subsection (2A) above.

• (4) Without prejudice to the preceding provisions of this section, the court (or any of the courts) before which a person is summoned to attend under this Act may excuse that person from so attending;

Discharge of summons in case of doubt as to capacity to act effectively as a juror

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Where it appears to the appropriate officer, in the case of a person attending in pursuance of a summons under this Act, that on account of . . . insufficient understanding of English there is doubt as to his capacity to act effectively as a juror, the person may be brought before the judge, who shall determine whether or not he should act as a juror and, if not, shall discharge the summons; and for this purpose “the judge” means any judge of the High Court or any Circuit judge or Recorder.

The ballot and swearing of jurors

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• (1) The jury to try an issue before a court shall be selected by ballot in open court from the panel, or part of the panel, of jurors summoned to attend at the time and place in question.

• (2) The power of summoning jurors under section 6 of this Act may be exercised after balloting has begun, as well as earlier, and if exercised after balloting has begun the court may dispense with balloting for persons summoned under that section.

• (3) No two or more members of a jury to try an issue in a court shall be sworn together.

• (4) Subject to subsection (5) below, the jury selected by any one ballot shall try only one issue (but any juror shall be liable to be selected on more than one ballot).

• (5) Subsection (4) above shall not prevent—

• (a) the trial of two or more issues by the same jury if the trial of the second or last issue begins within 24 hours from the time when the jury is constituted, or

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) in a criminal case beginning with a special plea, the trial of the accused on the general issue by the jury trying the special plea.

• (6) In the cases within subsection (5)(a). . . and (c) above the court may, on the trial of the second or any subsequent issue, instead of proceeding with the same jury in its entirety, order any juror to withdraw, if the court considers he could be justly challenged or excused, or if the parties to the proceedings consent, and the juror to replace him shall, subject to subsection (2) above, be selected by ballot in open court.

Challenge

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• (1) In proceedings for the trial of any person for an offence on indictment—

• (a) that person may challenge . . . all or any of the jurors for cause, and

• (b) any challenge for cause shall be tried by the judge before whom that person is to be tried.

• (2) Any party to county court proceedings to be tried by a jury shall have the same right of challenge to all or any of the jurors as he would have in the High Court.

• (3) A challenge to a juror in any court shall be made after his name has been drawn by ballot (unless the court, pursuant to section 11(2) of this Act, has dispensed with balloting for him) and before he is sworn.

• (4) The fact that a person summoned to serve on a jury is not qualified to serve shall be a ground of challenge for cause; but subject to that, and to the foregoing provisions of this section, nothing in this Act affects the law relating to challenge of jurors.

• (5) In section 29 of the Juries Act 1825 (challenges to jurors by the Crown) the words “the Crown Court” shall continue to be substituted for the words “any of the courts hereinbefore mentioned”, notwithstanding the repeal by this Act of paragraph 3(2) of Schedule 4 to the Courts Act 1971 and of the entries relating to the said Act in Schedule 5 to the Criminal Justice Act 1972.

• (6) Without prejudice to subsection (4) above, the right of challenge to the array, that is to say the right of challenge on the ground that the person responsible for summoning the jurors in question is biased or has acted improperly, shall continue to be unaffected by the fact that, since the coming into operation of section 31 of the Courts Act 1971 (which is replaced by this Act), the responsibility for summoning jurors for service in the Crown Court, the High Court and the county court has lain with the Lord Chancellor.

Separation

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If, on the trial of any person for an offence on indictment, the court thinks fit, it may at any time (whether before or after the jury have been directed to consider their verdict) permit the jury to separate.

Views

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Criminal Procedure Rules and Civil Procedure Rules may make provision as respects views by jurors, and the places to which a juror may be called on to go to view shall not be restricted to any particular county or other area.

Refreshment

15

Jurors, after being sworn, may, in the discretion of the court, be allowed reasonable refreshment at their own expense.

Continuation of criminal trial on death or discharge of a juror

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• (1) Where in the course of a trial of any person for an offence on indictment any member of the jury dies or is discharged by the court whether as being through illness incapable of continuing to act or for any other reason, but the number of its members is not reduced below nine, the jury shall nevertheless (subject to subsection (3) below) be considered as remaining for all the purposes of that trial properly constituted, and the trial shall proceed and a verdict may be given accordingly.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Notwithstanding subsection (1) above, on the death or discharge of a member of the jury in the course of a trial of any person for an offence on indictment the court may discharge the jury in any case where the court sees fit to do so.

Majority verdicts

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• (1) Subject to subsections (3) and (4) below, the verdict of a jury in proceedings in the Crown Court or the High Court need not be unanimous if—

• (a) in a case where there are not less than eleven jurors, ten of them agree on the verdict; and

• (b) in a case where there are ten jurors, nine of them agree on the verdict.

• (2) Subject to subsection (4) below, the verdict of a jury (that is to say a complete jury of eight) in proceedings in the county court need not be unanimous if seven of them agree on the verdict.

• (3) The Crown Court shall not accept a verdict of guilty by virtue of subsection (1) above unless the foreman of the jury has stated in open court the number of jurors who respectively agreed to and dissented from the verdict.

• (4) No court shall accept a verdict by virtue of subsection (1) or (2) above unless it appears to the court that the jury have had such period of time for deliberation as the court thinks reasonable having regard to the nature and complexity of the case; and the Crown Court shall in any event not accept such a verdict unless it appears to the court that the jury have had at least two hours for deliberation.

• (5) This section is without prejudice to any practice in civil proceedings by which a court may accept a majority verdict with the consent of the parties, or by which the parties may agree to proceed in any case with an incomplete jury.

Judgments: stay or reversal

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• (1) No judgment after verdict in any trial by jury in any court shall be stayed or reversed by reason—

• (a) that the provisions of this Act about the summoning or impanelling of jurors, or the selection of jurors by ballot, have not been complied with, or

• (b) that a juror was not qualified in accordance with section 1 of this Act, or

• (c) that any juror was misnamed or misdescribed, or

• (d) that any juror was unfit to serve.

• (2) Subsection (1)(a) above shall not apply to any irregularity if objection is taken at, or as soon as practicable after, the time it occurs, and the irregularity is not corrected.