UK Legal System Jury Service
Jury Service


What is Jury Service?

The History of Jury Service
Jury Service dates back to the Viking occupation.  Danish towns in England often had, as it principal officers, twelve hereditary ‘law men.’ The Danes introduced the idea of making committees among the free men in court,(those not accused of a crime).  They then set up an early legal system which stated that the twelve leading minor nobles from small districts were required to swear that they would investigate crimes without  bias. These juries differed from the modern sort as they were required to investigate the case themselves. Modern Juries obtain information from the trial.

12th Centuary England saw major developments in the Jury system as Henry II set up a system to resolve land disputes using juries. A jury of twelve free men were assigned to arbitrate in these disputes. This system was similar to that of the Vikings in that the Jury of 12 were charged with uncovering the facts of the case on their own rather than listening to arguments in court. In 1215 trial by jury became a right in one of the most influential clauses of the Magna Carta. Article 39 read:

Nullus liber homo capiatur, vel imprisonetur, aut desseisetur de libero tenemento, vel libertatibus, vel liberis consuetudinibus suis, sut utlagetur, aut exuletur, aut aliquo modo destruatur, nec super eum ibimus, nec super eum mittemus, nisi per legale judicium parium suorum, vel per legem terrae.

This text is translated:

"No free man shall be captured, and or imprisoned, or disseised of his freehold, and or of his liberties, or of his free customs, or be outlawed, or exiled, or in any way destroyed, nor will we proceed against him by force or proceed against him by arms, but by the lawful judgment of his peers, and or by the law of the land."

During changes in the 17th Centuary Jurors became less reliant on investigating cases for themselves and listening to evidence through trial.

Jury Service in England and Wales

 

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