Empanelling and Challenging Jurors
As of 16 July 2007, jurors are called by a written summons from the Lord Chancellor, despite the recent reform of that office, executed in practice by a local court officer. A panel of jurors is summoned, having regard to the convenience of the jurors though there are no absolute geographical constraints. There are facilities for the parties to inspect the panel and for individual members to be examined by the judge if there are doubts about their fitness to serve because of lack of proficiency in English or because of physical disability, for example deafness.
If there are inadequate jurors on the panel then any person in the vicinity of the court can be summoned to make up the numbers, a process known as "praying a tales".
A jury in waiting, of twenty or more jurors is selected from the panel by the clerk of the court.
The clerk then calls the name of 12 of them at random, usually by drawing from a shuffled pack of cards with the names written on them. As he calls each name, the juror steps into the jury box. Once the jury box is populated with 12 jurors, the clerk says to the defendant:
, the names that you are about to hear called are the names of the jurors who are to try you. If therefore you wish to object to them or to any of them, you must do so as they come to the book to be sworn, and before they are sworn, and your objection will be heard.
The clerk then calls each juror individually to either affirm or to take the oath, reading from a printed card whilst, if taking an oath, holding a holy book in his right hand (New Testament for those Christians who will swear an oath; Old Testament for Jews; or Koran for Muslims). Some Christians (notably Quakers, Moravians and Jehovah's Witnesses) will not take an oath because it is prohibited in Matthew 5:33-37, and James 5:12. The right of Quakers and Moravians to affirm, rather than swear, when joining a jury was introduced under the Quakers and Moravians Act 1833, and later extended to those who were formerly Quakers or formerly Moravians under the Quakers and Moravians Act 1838. Since then the right to affirm has been extended to anyone who chooses to do so, and no reason for choosing to affirm has to be given. The option to affirm is now commonly used by Quakers, Moravians, Jehovah's Witnesses, and some other Christians as well as by atheists and agnostics. Under the Oaths Act 1978, all affirmations are given in the format "I, do solemnly, sincerely and truly declare and affirm"
| Religion | Oath/Affirmation | Scripture |
|---|---|---|
| Some Christians and Jews |
I swear by almighty God that I will faithfully try the defendant and give a true verdict according to the evidence. |
New Testament (for Christians who choose to take an oath) or Old Testament (for Jews) |
| Islam |
I swear by Allah that I will faithfully try the defendant and give a true verdict according to the evidence. |
The Koran |
| Sikhs can swear: |
I swear by Waheguru that I will faithfully try the defendant and give a true verdict according to the evidence. |
Japji Sahib |
| Hindus |
I, swear on the Gita I will faithfully try the defendant and give a true verdict according to the evidence. |
Gita |
| Quakers, Moravians, Jehovah's Witnesses and other Christians who do not swear oaths, as well as atheists and agnostics and anyone else who chooses to affirm rather than swear |
I solemnly, sincerely and truly declare and affirm that I will faithfully try the defendant and give a true verdict according to the evidence. |
None |
A juror can only be challenged before he takes the oath and on limited grounds.
Read more about this topic: Juries In England And Wales
Famous quotes containing the word challenging:
“Nothing is so threatening to conventional values as a man who does not want to work or does not want to work at a challenging job, and most people are disturbed if a man in a well- paying job indicates ambivalence or dislike toward it.”
—Alice S. Rossi (b. 1922)