Twelve good men and true
It can be an ordeal and it can disrupt your life, but as Penny Cottee discovers, jury duty is a responsibility we all take seriously. When the letter drops on the doormat summoning you to do jury service, chances are you will feel the same as the many other recipients of those missives before you: curiosity tinged with anxiety. On reading her letter of summons one morning last December, the reaction of Sylvia Leitch, a member of Moore and Daresbury WI in Cheshire, was typical of many. "I was pleased to be given a chance to do my civic duty and to see at first hand how our judicial system works," she says, "But I did also feel quite apprehensive."

The apprehension clearly stems from the realisation that as a juror you will make decisions that affect someone else's life - no small responsibility. And the curiosity comes from the fact that, for most of us, jury service represents the first time we have seen a courtroom in action.

So what can we expect when we turn up for that first morning at court? According to many WI members, the short answer is "plenty of waiting". Juries are selected from a large pool of people summoned to the courthouse that day, who wait in the jury assembly area. If your name is called you proceed to a court. More people are called than are needed in that court, to ensure a random selection, so some return to the jury area.

If not challenged by the lawyers for any reason, and providing that you do not know any of the major players - the defendant, say, or the barristers - you will be one of the 12 jurors for that case. You will swear your oath - or the non-religious equivalent, the affirmation - and take your place in the jury box.

However, it's quite common to wait all day, or even several days, and never see the inside of a courtroom. The message is, take something to help while away the hours. (But be careful what you choose. Doreen Clark from Goodwins Evening WI in East Kent recalls settling down at Canterbury Crown Court to add some rows of plain and purl, "but they confiscated my knitting needles as 'dangerous items'!")

Once on the jury, you sit for the duration of the case. The average trial lasts a day and a half, after which time you return to the Jury Area, and wait to be called again. If the judge expects a trial to be longer than two weeks, they will try to ensure at the outset that only those people who can spare longer than two weeks will be selected as jurors.

Jury service is voluntary, but you can claim expenses for costs incurred, such as travel or extra childcare. Jurors are given a subsistence allowance for food and drink, but this is "measly" according to Doreen: "We had to take our own sandwiches."

Your employer should pay you while on jury service - though they are not obliged to. However, new laws in June 2006 protect employees from being discriminated against or sacked because of jury service.

For the self-employed, jury service can be challenging financially and many try to refuse serving. When Olivia Gardner of St Sebastians WI in Berkshire was called to Reading Crown Court many fellow jurors were self-employed who "tried their darndest to get out of it". Sometimes you may be excused, but if not, a letter from an accountant stating your loss of earnings should enable you to be reimbursed for income lost.

"I was temping at the time and realised I would lose two weeks' money," says Olivia. "I asked the recruitment agency to sign a letter for me to that effect and I was able to claim the money back from the court." While living in Kent, she was subsequently called to do a second stint, this time at Maidstone Crown Court.

Heavy responsibility


Jury service is a weighty responsibility. But London barrister Faisal Osman believes juries are aware of this. "Juries take their role very seriously," he affirms. "The responsibility is heavy, even for a small burglary charge. We start each case by telling the jury that it is they who are taking charge of the criminal justice system."

Jurors try serious criminal cases, like assault, burglary, fraud or murder, in a Crown Court. You can also sit in a Coroner's Court to investigate unnatural deaths where the cause is not known, or in a High Court or County Court to hear civil cases, such as libel.

The government is currently proposing to remove juries from some complex cases including fraud - a grave mistake, according to defence advocate Faisal. "Cases would effectively be heard in closed court. The collective commonsense and public scrutiny of 12 people from all walks of life is far preferable to the view of just one judge."



Of course, cases can be harrowing to sit through. The WI members contributing to this article listened to cases that included child abuse, assault and drug smuggling. In two weeks at Oxford Coroner's Court, Sheila West-Green from Abergele WI in north Wales, heard cases of death by asbestosis, deaths in custody and two deaths on railway lines.

Evidence ranged from factual police reports to heart-breaking letters from victims' widows and the mother of a son who threw himself in front of a train. "The train driver trembled so much he couldn't answer the questions with more than a whisper," recalls Sheila. "I've never forgotten him."  

Sylvia heard a child abuse trial, and it still distresses her to think of it, partly because she could not vote guilty, which she believed the mother of the child was. "I feel emotional about it because I'm still not sure we did the right thing. Two of us were adamant that the mother was guilty, but the ten other jurors were not convinced. We debated for many hours and finally, as the judge wanted a majority verdict, I was persuaded to change my vote. I found it gruelling."  
 

Evidence not emotion


Jurors must decide whether the defendant is guilty or not of the specific charge, on the evidence presented to them in court - not on an emotional response. Edna Turner from Bidborough WI in Kent also had to vote against her personal judgment when she served at Maidstone Crown Court "The majority of our jury felt the man was guilty, but the verdict had to be not guilty as the prosecution had failed to prove its case. The judge impressed on us that if there is any doubt in our minds, the verdict must be not guilty. On that basis, we did what we were asked to do, but it was difficult."

Doreen's case at Canterbury Crown Court concerned the alleged abuse of a nine-year old girl. "It was harrowing - we debated for hours," she recalls. "You fear letting the child down, but equally you don't want to commit someone to jail if they're not guilty. It was a distressing case - even the woman barrister wiped away a tear at one point."

The BBC2 television series The Verdict, broadcast in February 2007, attempted to portray an authentic jury experience. Celebrity jurors, including former Tory MP Michael Portillo, actress Patsy Palmer, footballer Stan Collymore and mother-turned-campaigner Sara Payne, had to deliver verdicts in a double rape trial.

The case was fictitious - defendants were played by actors - but the celebrity jury, and the real barristers and judge, treated the case as genuine. Jury deliberations were tense and emotional as they considered the harrowing evidence, and the "did they, didn't they?" question gripped the nation while the programme ran.

In real life, several of our WI jurors testify to the reassurance of judge and coroner during proceedings. "I found the judge's guidance invaluable, and he showed great consideration," remembers Patricia. Sheila agrees. "The coroner guided us to the correct verdict. He was endlessly patient and sympathetic to relatives and witnesses."

To sum up, then, jury service is an important, if challenging role. Patricia speaks for many: "Being a juror was not easy and I have seen and heard some sad and difficult things. But overall I found the experience highly worthwhile, and it was fascinating to see justice working at firsthand."

Any further questions, m'lud?

 
Who can be called to jury service?
Anyone on the electoral register between the ages of 18 and 70.

How are people selected?
A random cross-section of people is made by computer.

Can you refuse jury service?
It's a legal requirement to serve. However, if you have a strong reason for not wishing to be a juror, e.g. if you are a full-time carer, you can apply to be excused.

How long do you serve?
You are called for a two-week stint, which may involve you in several consecutive cases.

What if you can't make it?
You can ask to defer your service once if you have a good reason, such as a holiday.

How many people serve as jurors?
Around 450,000 citizens every year.

Further information

The Criminal Justice System; www.cjsonline.gov.uk
Jury service; www.cjsonline.gov.uk/juror/index.html