Procedure in a jury trial

Calling the case
The Bailiff asks the Greffier to call the case. If in custody the accused is brought from the cells or if on bail is called forward to take his/her seat behind defence counsel. The Greffier calls the case (“Her Majesty’s Attorney General –v- full name of accused”) and the Crown Advocate and defence counsel respond by saying ‘garde’.

Empanelling the jury
The Bailiff then requests the Greffier to call the jury forward. The Viscount will have summoned approximately 45 people to form a pool of potential jury members and this list of potential jurors will have been sent to the Court, prosecution and defence counsel and the Greffier some weeks prior to trial. The Greffier calls the names of the jurors in turn.

Applications for exemption from jury service
If the Viscount has exempted anyone from jury service he will announce it as the name is called. (The Viscount will have provided the Court in advance with a summarised list of the exemptions he has granted and the relevant reasons).

If application for jury exemption is refused
If the Viscount has refused to grant an exemption from jury service he will announce that. In such a case the Bailiff will hear the application for exemption and rule on it if the juror maintains the claim for exemption.

Challenges
When 12 people have been called the Bailiff asks defence counsel if he/she would like to make a peremptory challenge. (Each accused has the right to make two peremptory challenges for which no reason is required to be given). The Bailiff asks any potential jury member who has been challenged, to retire to the back of the Court and further persons are called. Once the right of peremptory challenge has been exhausted the Bailiff asks first the Attorney General and then defence counsel if they have any further challenges for cause. These should be allowed for any legitimate cause i.e. a real risk of prejudice or obvious inconvenience or otherwise in the interests of justice. The Court can decide at any time to discharge a member of the jury for one or more of these reasons.

Circulation of the billet
The billet is the document on which the indictment is set out and the names of the prosecution and defence witnesses. The billet is circulated and the Bailiff asks each person called for service whether he/she has any close connection with the defendant(s), witnesses or counsel.

When 12 people have been assembled the Bailiff asks:
“Are there amongst you a father or a mother and a son or a daughter; a husband and a wife; two brothers; two sisters; or a brother and a sister?” If there are such pairs of relations, the second one called withdraws, and the Greffier calls a replacement. The Bailiff asks if there are further challenges and repeats the question about relationship.

Once the jury has been assembled, the Bailiff administers the oath and jurors who choose to do so, may affirm instead. The Bailiff then selects a foreman or forewoman.

People who were summoned for jury service but not required are then dismissed by the Bailiff.

Prosecution opening address
The Crown Advocate delivers an opening address to the jury summarising the prosecution’s case, and calls the witnesses for the prosecution. The Crown Advocate questions the witnesses (examination-in-chief), the defence can then cross examine the witness. The Crown then has the right to re-examine the prosecution witness on any matter arising from cross examination.

Where evidence of a witness is non-contentious the statement of the witness is read to the court or the relevant parts incorporated into a formal admissions statement.

Defence submission of no case to answer
After the prosecution case has concluded, defence counsel may, in the absence of the jury, make a submission of “no case to answer” – that the prosecution has failed to prove the case beyond all reasonable doubt. If the submission succeeds the Bailiff dismisses the defendant from the prosecution. If no such submission is made or if the submission is unsuccessful, the defence opens and calls witnesses for the defence.

Defence opening address and calling of witnesses
After the prosecution case has concluded, defence counsel opens and calls his/her witnesses. A similar process of examination-in-chief, cross-examination and re-examination takes place. If the defendant has elected to give evidence the defendant is usually called first before the other defence witnesses.

Prosecution and defence closing addresses to the jury
After all defence witnesses have been heard prosecution and defence counsel make their closing addresses to the jury.

Summing up by Bailiff to jury and form of summing up
The Bailiff sums up to the jury. The summing up is indistinguishable in form from the summing up that a judge would give a jury in a trial in England and Wales. The Bailiff sets out;
(a) the ingredients of each of the offences that the accused is charged with and what the prosecution must prove, as a matter of law, to establish that an offence has taken place;
(b) the respective roles of the Bailiff (judge of law) and the jury (judges of fact);
(c) the burden of proof that the prosecution is required to discharge before the jury might properly convict the accused, namely proof beyond all reasonable doubt so that the jury are “sure” the accused committed the offence charged. If the accused is charged with more than one offence the jury are directed to consider the evidence on each count separately;
(d) how the jury, as a matter of law, are required to assess the evidence in the case and the witnesses for both the prosecution and the defence; and
(e) an impartial summary of the salient points of evidence for both the prosecution and the defence

Retirement of jury
The jury retire to consider their verdict.

Announcing verdict (a) where jury is unanimous (b) where jury is divided
When the jury returns, in the event of multiple counts and/or more than one accused, the Bailiff may explain how he proposes to take the verdicts. The Bailiff asks the foreman (or forewoman), in respect of each count – “Are you unanimous in your verdict?” If the response is “yes”, the foreman (or forewoman) is asked what the jury’s verdict is on each count in turn. If the response is “no”, the jurors are called up one by one to give their verdict to the Bailiff and the Greffier.
The Bailiff then announces the verdict.

If jury is not unanimous the majority required for conviction (finding of guilt)
If there is a full jury of 12 persons, a majority of 10 is required to convict.
If the jury number is reduced to 11, a majority of 10 is required to convict.
If the jury number is reduced to 10, a majority of 9 is required to convict.
If the number of the jury is reduced to below 10 the trial must be abandoned.

Where the accused is acquitted
If the accused is acquitted the Bailiff formally discharges the accused. The Bailiff thanks the jurors for their service and then formally discharges the jury. The defence will make an application for costs

Where the accused is convicted
If the verdict is guilty, the Bailiff asks the Crown Advocate how the prosecution moves. The accused is remanded (in custody or on bail) to the date fixed for sentencing and background and other reports etc. are ordered. The Bailiff thanks the jury for their service and then formally discharges the jury.

No power for Court to order re-trial where jury fails to reach a majority to convict
The Court has no power to order a re-trial where a jury fails to reach a majority to convict. If the jury is divided, and there is no sufficient majority to found a conviction, the accused will be acquitted. In Jersey there is no such thing as a “hung” jury.

Jurors normally determine one case at the Criminal Assize
Unlike England and Wales where a juror may sit on several trials during the course of jury service, in Jersey a juror will normally only try one assize case at a sitting.