The Crown Court - part 2
Once the jury have heard the summing up they then retire to consider their verdict (i.e. whether they are going to find the defendant guilty or not guilty). Sometimes there can be lots of different defendants and lots of different charges and they have to consider each of them. That can mean the jury coming back when they are all agreed on a particular verdict and then going out to consider the others.
^ TOPThe Verdict
In a criminal case the jury should first of all try to reach a unanimous verdict. If after a while they have not reached a verdict the judge will give a "majority direction". That means of the 12 jurors (members of the jury), 10 in favour of a verdict will suffice. If 10 cannot agree on one verdict, then the jury will be discharged and either there will be a retrial at a later date (which means the witnesses and the defendant having to go through it all again) or no trial if the prosecution decides not to continue with the case. The prosecution may decide it is not worth bothering with another attempt. They may have to consider the willingness of witnesses to get through it all again.
^ TOPThe Jury Room
We know very little of what goes on in the jury room. In this country the discussions of the jury are kept private and secret. It is not like what happens with some trials in the United States, where after the case and verdict specific jurors are sometimes asked about the discussions and about things which might have affected them.
^ TOPA tense wait
Waiting for the decision of the jury is not an easy time for anyone, not the defendant, not the lawyers. Where a victim of crime feels an emotional involvement in the case, the same for them. (A company which has had £10 worth of goods shoplifted from it, is unlikely to have such an involvement, whether through its staff or otherwise, whereas a person who has been subjected to a violent or sexual assault will be very involved).
What makes it more difficult is not knowing when the decision is going to come. It is very difficult for anyone to concentrate on anything else. Obviously the more serious the charge, the more serious the likely penalty if convicted, the greater the tension.
^ TOPThe foreman
When the jury have a verdict they come back. They control their discussions, but elect amongst themselves a foreman (who of course can be a woman) to lead the discussions and to read out the verdict. You do not know the verdict until the foreman stands up and in response to the question regarding the particular charge says guilty or not guilty. That is without doubt one of the most dramatic moments in a court room. Someone will be happy with the verdict, others not. Sometimes there is cheering, sometimes jeering. There may be very upset victims at an acquittal, or relatives on conviction.
^ TOPDo the jury look?
Although it is not always reliable, one guide as to whether the verdict will be guilty or not guilty is whether any of the jury look at the defendant not. If they or some of them look at the defendant, it usually means an acquittal. If none of them will look at the defendant that can often mean a conviction.
If it is not guilty (and there have been no convictions on other charges, or guilty pleas i.e. where the defendant admits guilt in respect of an offence), and there are no outstanding charges, then the defendant is free to go. That means that a defendant could be standing there waiting for the verdict and one way he gets life imprisonment, the other he is told he is free to go home.
If it is guilty, then the judge has to consider what sentence to pass. We will consider next week how he does that.