• Source: Juries Act 1825

The Juries Act 1825 (6 Geo. 4. c. 50), also known as the County Juries Act 1825, is an act of the Parliament of the United Kingdom that consolidated and amended statutes for England and Wales related to juries. The act abolished outdated penalties, moved responsibility for creating jury lists from petty constables to churchwardens and parish overseers, expanded jury qualification to include bankers and merchants and devise a new method of jury selection. The act repealed for England and Wales statutes from 1259 to 1824.
Similar provision was made for Ireland by the Juries (Ireland) Act 1833 (3 & 4 Will. 4. c. 91).




Background


In the United Kingdom, acts of Parliament remain in force until expressly repealed. Blackstone's Commentaries on the Laws of England, published in the late 18th-century, raised questions about the system and structure of the common law and the poor drafting and disorder of the existing statute book.
In 1806, the Commission on Public Records passed a resolution requesting the production of a report on the best mode of reducing the volume of the statute book. From 1810 to 1825, The Statutes of the Realm was published, providing for the first time the authoritative collection of acts.
By the early 19th-century, English criminal law had become increasingly intricate and difficult to navigate due to the large number of acts passed that had accumulated over many years. This complexity posed challenges for law enforcement.




Passage


Leave to bring in the Juries Regulation Bill to the House of Commons was granted on 9 March 1825 to the home secretary Sir Robert Peel . In debate, Sir Robert Peel stated that the aim of the bill was to consolidate around 85 statutes into one clear, abolish outdated penalties including attaint of jurors, move responsibility for creating jury lists from petty constables to churchwardens and parish overseers, expand juries qualification to include bankers and merchants and devise a new method of jury selection based on random draw. The bill was supported by several MPs, including Dr Stephen Lushington .
The bill, renamed to the Juries Bill, had its first reading in the House of Commons on 11 March 1825, introduced by Sir Robert Peel . The bill had its second reading in the House of Commons on 11 March 1825 and was committed to a Committee of the Whole House, which met on 15 March 1825 and reported on 16 March 1825, with amendments. The amended bill was considered by the House of Commons on 27 May 1825 and had its third reading in the House of Commons on 30 March 1825 and passed, with amendments.
The amended bill had its first reading in the House of Lords on . The bill had its second reading in the House of Lords on and was committed to a Committee of the Whole House, which met and reported on , without amendments. The bill had its third reading in the House of Lords on and passed, without amendments.
The amended bill was considered and agreed to by the House of Commons on 17 June 1825.
The bill was granted royal assent on 22 June 1825.




Selected clauses






= Qualifying for jury service

=
Section 1 of the act provided the following requirements qualified an individual for jury service:

Male
Between 21 and 60 years old
At least one of:
Owning land worth at least £10 a year if rented
Having a lease of at least 21 years length of land with an annual rental value of at least £20
Being a householder paying the poor rate on a property that has at least fifteen windows and an annual rental value of at least £30 (Middlesex) or £20 (elsewhere in England)
The requirement in the Bill of Rights 1689 that jurors in cases of high treason be freeholders was abolished.
In Wales the qualifications were scaled to three-fifths of the above values.




= Exemptions from jury service

=
Section 2 exempted various groups from jury services:

Peers of the realm
Judges
Church of England clergy
Roman Catholic priests
Persons whose only occupation was as a protestant preacher (or preacher and schoolmaster)
Practising lawyers
Officers of the courts
Coroners
Jailers
Physicians and surgeons
Apothecaries
Officers of the Army and Royal Navy
Maritime pilots
Staff of the Royal Household
Officers of HM Customs and Excise
High sheriffs, high constables
Parish clerks




= Juries restricted to British subjects only

=
Section 3 of the act restricted service on a jury to natural born subjects of the Crown.




= Special juries

=

Section 31 of the act listed qualification for service on special juries. They were required to be one of:

A person entitled to be addressed as esquire
A person of 'higher degree' (i.e. upper class)
A banker
A merchant




= Juries de medietate linguae

=

Section 47 of the act reiterated that foreigners were entitled to have one-half of a jury judging them to consist of fellow foreigners. Those foreign jurors had to be available in the area where the trial was held, but were otherwise exempted from the qualifications required of jurors at the time (such as owing land).




Legacy






= Subsequent developments

=
The territorial extent of the act was limited to England and Wales. Section 50 of the Juries (Ireland) Act 1833 (3 & 4 Will. 4. c. 91) largely mirrored the act for Ireland, including repealing acts extended to Ireland by the passage of Poynings' Act 1495.
In 1827, Peel's Acts were passed to modernise, consolidate and repeal provisions of the criminal law, territorially limited to England and Wales and Scotland, including:

Criminal Statutes Repeal Act 1827 (7 & 8 Geo. 4. c. 27), which repealed for England and Wales over 140 statutes relating to the criminal law.
Criminal Law Act 1827 (7 & 8 Geo. 4. c. 28), which modernised the administration of criminal justice.
Larceny Act 1827 (7 & 8 Geo. 4. c. 29), which consolidated provisions in the law relating to larceny.
Malicious Injuries to Property Act 1827 (7 & 8 Geo. 4. c. 30), which consolidated provisions in the law relating to malicious injuries to property.
In 1828, parallel Bills for Ireland to Peel's Acts were introduced, becoming:

Criminal Statutes (Ireland) Repeal Act 1828 (9 Geo. 4. 54), which repealed for Ireland over 140 statutes relating to the criminal law.
Criminal Law (Ireland) Act 1828 (9 Geo. 4. 54), which modernised the administration of criminal justice.
Larceny (Ireland) Act 1828 (9 Geo. 4. c. 55) which consolidated provisions in the law relating to larceny.
Malicious Injuries to Property (Ireland) Act 1828 (9 Geo. 4. c. 56), which consolidated provisions in the law relating to malicious injuries to property.
In 1828, the Offences Against the Person Act 1828 (9 Geo. 4. c. 31) was passed, which consolidated provisions in the law relating to offences against the person and repealed for England and Wales almost 60 related statutes. In 1829, the Offences Against the Person (Ireland) Act 1829 (10 Geo. 4. c. 34) was passed, which consolidated provisions in the law relating to offences against the person and repealed for Ireland almost 60 statutes relating to the Criminal law.
In 1828, the Criminal Law (India) Act 1828 (9 Geo. 4. c. 74) was passed, which repealed for India offences repealed by the Criminal Statutes Repeal Act 1827 (7 & 8 Geo. 4. c. 27) the Offences Against the Person Act 1828 (9 Geo. 4. c. 31).




= Repeal

=
Section 62 of the act was repealed by Statute Law Revision Act 1874 (37 & 38 Vict. c. 35).
Section five from "and shall annex" to the end of that section, section six to "upon any High Constable" and from "provided also, that where any Parish or Township" to the end of that section, section ten, the words "to the High Constable and" and from "and the High Constable shall receive" to the end of that section, section forty-seven, section forty-six, the words "to any High Constable, or" and the Warrant for returning Lists of Jurors, and Precept for returning Lists of Jurors, in the Schedule were repealed by the Statute Law Revision Act 1875 (38 & 39 Vict. c. 66).
The whole of the act except for sections 1, 27, 29 and 50 was repealed by the Courts Act 1971.
Sections 1, 27 and 50 were repealed by the Criminal Justice Act 1972.
Only section 29 of the act remains in force. It requires challenges by the Crown to the composition of juries to only be made for cause.




Repealed acts


Section 62 of the act repealed 66 acts, listed in that section, effective from 1 January 1886.
Section 63 of the act provided that nothing in the act shall be construed to affect or alter any part of the Quakers Act 1695 (7 & 8 Will. 3) or the Settlement of Moravians in America Act 1748 (22 Geo. 2. c. 30).
Section 64 of the act provided that nothing in the act shall be construed to extend, alter or affect any power or authority which the Court previously had or any practice or form in regard to trials by jury, jury process, juries or jurors, except where repealed or altered by the act or where it is inconsistent with the provisions of the act.




See also


Peel's Acts
Statute Law Revision Act




Notes






References

Kata Kunci Pencarian:

• Juries Act 1825
• Juries (Ireland) Act 1833
• Juries Act (Ireland) 1871
• Juries Act
• Laws in Wales Acts 1535 and 1542
• Bill of Rights 1689
• Special jury
• Judge's associate
• Writ of attaint
• Jury