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The Jury's out

I was somewhat startled by a newspaper story heading yesterday that stated "Jurys for sale at €1bn". What hit me was the shock of the idea that one could "buy" a jury, and my brain didn't immediately register that it was difficult to think of a case in which anyone would pay that much (although if they had the money and thought they could get away with it further thought gives some examples). Of course, it immediately became clear that this was the story about the owners selling the Jurys Inn chain.

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Free from corruption

We are lucky in this country that whatever failings judges, lawyers or the legal system have, the system is as free from corruption as any system would ever be likely to be. I will discuss that further in subsequent blogs. Thinking of Jurys Inn also made me think of when the Jury's out.

Since I no longer do crime I will never again await the verdict of a criminal jury. The only juries I am likely to address are in libel cases. Although awaiting any decision is tense, awaiting the verdict of the jury in a criminal case is probably the tensest and most gruelling wait of all.

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Tense wait

In a very serious case it is tense for both prosecution and defence. In a less serious case it will usually be more tense for the defence team. For example, if you are prosecuting a shoplifter who has never been in trouble before, if there is a conviction fine, if there is not it is not the end of the world. For the defendant, who will have a dishonesty conviction, it could be the end of the world. (Quite apart from the stigma, there is the effect on the person's career. If it is any job that involves a position of trust, a conviction for shoplifting would probably be as fatal as a conviction for burglary). In a serious case, for example murder or rape, there is pressure on both sides. Whilst prosecuting counsel is there to prosecute not persecute, if you prosecute someone and they go free you are bound to wonder whether if you have presented the case differently they would have been convicted, and whether in fact because of you a murderer or rapist has walked free, perhaps to strike again. For the defence, you will be acting for someone who says they did not commit the offence however strong the evidence may seem. What if they are right? What if they are convicted because you failed to find the right question to ask as a key to unlock the whole prosecution case?

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Harder to read

If the barrister worried about this all the time he or she would probably be unable to ever present a case. When you are doing a case you get on with it. However when you're waiting for a jury, that is the time when you tend to think about and reflect on such matters. If a judge is making a decision then it is much easier to have an idea which way his mind is working. A jury is a random collection of people, much harder to read.

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In limbo

You also do not know how quickly a jury is going to come back. Sometimes they can be back within minutes. Sometimes it can be a very long time. The uncertainty makes the whole exercise very difficult. Difficult to concentrate on any other work. Easy to dwell on what might be.

The Jury's out, and the barristers are in limbo. Suddenly the tannoy informs them to go back to court because the jury has returned. Would it be good news or bad, victory or defeat? It might be gruelling and nerve-racking when the jury is out, but those few moments when you are told that the jury is back, and before you either suffer the bitterness of defeat or enjoy the sweet taste of success, those are the longest minutes of all.

Michael J. Booth QC