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In the legal jurisdiction of England and Wales, there is a long tradition of jury trial that has evolved over centuries.

Criminal juries

Juries are summoned for criminal trials in the Crown Court where the offence is an indictable offence or an offence triable either way that has been sent to the Crown Court.

Inquests

A coroner must summon a jury for an inquest if the death occurred in prison or in police custody, or in the execution of a police officer's duty, or if it falls under the Health and Safety at Work etc. Act 1974, or if it affects public health or safety.

Civil juries

All common law civil cases were tried by jury up to the introduction of juryless trials in the new County Courts in 1846. The perceived success of this system, together with increasing recognition of the integrity of judges and the professionalisation of the legal profession, meant that, when the Common Law Procedure Act 1854 gave litigants in the Queen's Bench the option of trial by judge alone, there was a steady uptake. Over the next eighty years, the use of juries in civil trials steadily declined.

In 1933 the Administration of Justice (Miscellaneous Provisions) Act 1933, s.6 guaranteed the right of jury trial in the Queen's Bench division for:

• Fraud;
• Libel;
• Slander;
• Malicious prosecution;

• False imprisonment;
• Seduction;
• Breach of promise of marriage.

— "... but, save as aforesaid, any action to be tried in that Division may, in the discretion of the court or a judge, be ordered to be tried either with or without a jury." The Act brought a de facto end to civil jury trials in England and Wales save for the causes where the right was guaranteed.

In Ward v. James (1966), Lord Denning, delivering the judgment of the Court of Appeal, held that personal injury cases were unsuitable for jury trials owing to the technical expertise and experience needed in assessing damages. In Singh v. London Underground Ltd (1990), a litigant sought a jury trial on a case arising from the King's Cross fire but was refused owing to the technical nature of the case. As of 1998, less than 1% of civil trials in England and Wales were jury trials and these were principally defamation cases.

Number of jurors

Number of jurors in England and Wales

Court	At start of trial	Minimum number	Majorities allowed	Source
Crown Court	12	9	11-1, 10-2, 10-1, 9-1	Juries Act 1974, s.17
High Court	12	9	11-1, 10-2, 10-1, 9-1	Juries Act 1974, s.17
County Court	8	7	7-1	County Courts Act 1974, s.67; Juries Act 1974, s.17(2)
Coroner's Court	between 7 and 11	—	Minority no more than 2	Coroners Act 1988, s.8(2)(a), s.12

Eligibility for jury service

A jury panel is summoned from eligible persons who are:

• Registered electors aged 18 to 70;
• Resident in UK for at least 5 years since age 13;
• Not mentally disordered; and
• Not disqualified.

Persons currently on bail are disqualified. Persons are disqualified for life if they have been sentenced to:

• A life sentence;
• Detention for public protection;
• An extended sentences
• Imprisonment or detention for 5 years or more.

The following are disqualified for 10 years: Sentenced to suspended sentence of imprisonment/ detention Imprisoned/ detained (from end of imprisonment) Community (rehabilitation/ punishment) / drugs order Persons “not capable of acting effectively as a juror” may be discharged by the judge.

Empanelling and challenging jurors

Summons by written summons of Lord Chancellor

Jury vetting

Checking the criminal records of the jury panel by the police is only permitted on the authority of the Director of Public Prosecutions, and only if:

• It appears that a juror is disqualified, or an attempt has been made to introduce a disqualified juror;
• There is a belief of attempted interference with a jury in a previous aborted trial; or
• The nature of case entails a special effort to avoid disqualified jurors.

Checks beyond criminal records may only be made if authorised by the Attorney General and there are adequate grounds for a prosecution request to stand-by.

Discharge of jurors

Individual jurors

During a trial, an individual juror can be discharged and the trial can continue so long as the minimum number of jurors remain. Discharge is at the discretion of the judge and should be exercised in cases of "evident necessity".

Whole jury

Where misconduct cannot be dealt with by discharge of an individual juror, or in the case of jury tampering, or where the jury cannot reach a verdict, the entire jury can be discharged.

Trial without a jury

Trial without a jury is permitted in cases of suspected jury tampering where there is evidence of a "real and present danger" and, despite the possibility of police protection, there is a substantial likelihood of tampering, and a trial without a jury is in the interest of justice.

Bibliography

• Elliott, C. & Quinn, F. (1998). English Legal System (8th ed. ed.). London: Longman. pp. Ch.5. ISBN 1405847336. {{cite book}}: |edition= has extra text (help); Unknown parameter |ed= ignored (help)CS1 maint: multiple names: authors list (link)
• Hanly, C. (2005). "The decline of civil jury trial in nineteenth-century England". Journal of Legal History. 26(3): 253–278.
• Lloyd-Bostock, S. & Thomas, C. (1999). "Decline of the "little parliament": juries and jury reform in England and Wales". Law and Contemporary Problems. 62: 7. {{cite journal}}: External link in |title= (help)CS1 maint: multiple names: authors list (link)
• Richardson, P.J. (ed.) (2006). Archbold: Criminal Pleading, Evidence and Practice. London: Sweet & Maxwell. ISBN 0421-909-20X. {{cite book}}: |author= has generic name (help), 4-199 - 4-265, 4-417 - 4-469
• Sprack, J (2006). A Practical Approach to Criminal Procedure (11th ed. ed.). Oxford: Oxford University Press. ISBN 0-19-929830-0. {{cite book}}: |edition= has extra text (help)

External links

• Juries Act 1974
• County Courts Act 1984
• Coroners Act 1988