Jury Service

1. Section 321 of the Criminal Justice Act 2003 came into force on 5 April 2004. The effect is that members of the Bar are no longer entitled to be excused from jury service as of right.

2. A document entitled "Guidance for summoning officers when considering deferral and excusal applications is attached to this Guidance (link to come). Paragraphs 9 and 18 govern excusal and deferral. The more likely course is deferral, and it is only in the most exceptional circumstances that a person will be excused completely.

3. A common problem is likely to be where a member of the Bar is summoned to attend as a juror where he/she practises and/or sits as a Recorder. It would be inappropriate for a juror to have any special knowledge of any person involved in a trial: that applies not just to defendants or witnesses, but also to members of the judiciary, and to the legal representatives involved in a trial. Personal knowledge of the jury bailiff or other court staff will not be considered a reason to be excused from service.

4. If a member of the Bar receives a summons to attend the court at which he/she regularly practises or sits as a Recorder, he/she should apply to the summoning officer not to serve at that particular court. If deferral would not solve the problem, the summoning officer should consider whether jury service could be undertaken at a different court. It is to be borne in mind that no juror is expected to travel more than one and a half hours from home in order to serve on a jury.

5. As with any other potential juror, valid professional or business reasons may justify deferral or excusal. However as the Guidance makes clear, such applications will be “looked at closely and granted only if there would be unusual hardship”. If a member of the Bar has a fixture which was arranged prior to receipt of a jury summons, and where it would be contrary to the interests of the client to return the brief, then application for deferral should be made. Such an application should contain sufficient information to enable the summoning officer to make an informed decision.

6. If selected to serve on a jury, it is axiomatic that a member of the Bar does so as part of his/her duty as a private citizen. It is neither necessary nor appropriate to conceal his/her profession from other jurors, but nor is it necessary to volunteer such information immediately. Members of the Bar should expect to be treated as equal members of the jury, and should insist that they are not accorded any special status.

7. The most important thing for barristers to note is that they are sitting on the jury as part of the tribunal of fact, and not in their capacity as barristers.

8. Where a jury is required to leave court during the trial, a member of the Bar on the jury should not offer any explanation as to the reason, and should not give any explanation beyond what the Judge has told the jury, even if asked.

9. A member of the Bar should not express any advice or opinion as to the law, or as to any direction of law given by the Judge, at any time. A barrister may, like any other jury member, send a note to the Judge asking any relevant question of fact or law. However, also like every other member of the jury, he must accept that it is for the Judge, not the jury, to decide issues of law. The barrister must, therefore, accept the Judge’s directions as to any issue of the law, even if he considers it to be incorrect.