Jury System in England and Wales: Challenges and Reforms

Running Head: LEGAL SYSTEM (LAW) 0
legal system (law)
MAY 22, 2018

LEGAL SYSTEM (LAW) 1
Jury system in England and Wales-
In England and Wales, the jury plays an important role in the legal system. England
does not have a codified constitution but an unwritten constitution. It is the reason that the
right of juries to trial is not confined in the constitution of the England and Wales. So it is
administrated by the ordinary act of the parliament. The parliament has the power to amend
it. The jury is a major part of the legal system of England and Wales. It makes sure that
English legal system works in the public interest not for the advantage of undeserved and
corrupt leaders1.
The main advantage of the English jury system is that it avoids the unjust law. The
judges have powers to correct unjust law. The judges have powers to decide whether person
is guilty or not. The government cannot challenge this power. The English jury system
increases confidence and faith in the public. Thus it helps not in maintaining strong criminal
legal system but also in creating healthy society.
Challenges faced by the jury system-
The jury system is a foundation of the legal system. It has to face many challenges which
are following-
1. Challenges without cause ( Peremptory challenges) -
Under some circumstances, the juror can be challenged. Peremptory challenges permit a
party to eliminate probable juror from the panel of jury without giving any reasons2. The
peremptory challenges (challenges without cause) are the rights of plaintiff and defendant in
1 William Forsyth, and Appleton Morgan, History of Trial by Jury (2nd edn, The law book exchange ltd 2017)
2 Hellen Hailsham, Halsbury’s Laws of England (Butterworth 2017)

LEGAL SYSTEM (LAW) 2
a jury trial to eliminate juror before the trial without any explanation or purpose. The exercise
of peremptory challenge is most debatable question of process of jury’s selection. Thus the
object of the peremptory challenge is to give the surety to the parties that jurors will be
judged on the basis of the evidences presented before the jurors. It will not be judged on any
other given basis or ground.
The peremptory challenges were allowed in English legal system. They are still permitted
in other jurisdictions. In early time, the 25 peremptory challenges were allowed to
defendants. Later, in 1925 it reduced to 12 peremptory challenges. In 1948, only 7 challenges
were allowed and in 1977 the defendant were allowed to make 3 peremptory challenges. In
1988, the rights of peremptory challenges were totally eliminated3.
2. Challenges for the cause-
The challenges for the cause mean request to dismiss the prospective juror because
there are strong grounds to believe that a person cannot be able, fair-minded and impartial as
a juror4. Generally, the challenges for the cause are made during the asking questions of the
jurors. The purpose of the challenges for cause is to disqualify a prospective juror for
reasonable grounds5. The plaintiff or defendant can make challenges for cause as the juror on
the following reasonable grounds-
1. When the juror is not so eligible or not so qualified or,
2. When the juror has become partial.
3 Francis Pakes, Comparative Criminal Justice (Routledge 2017)
4 Denny Hirschel and Richard Zell, Criminal Justice in England and the United States (Oxford University Press
2016)
5 Smith Robert, ‘Reviewing the function of criminal appeals in England and Wales’ [2017] Jersey and Guernsey
Law Review 52