A jury trial is a legal proceeding in which a group of citizens, known as a jury, is selected to hear the evidence in a case and decide the outcome based on the facts. Jury trials are primarily used in criminal cases in the Crown Court in England and Wales.
A jury decides whether the defendant is guilty or not guilty of the charges based on the evidence they hear in court. Jury trial can also be used in a small number of civil cases, such as those involving defamation, malicious prosecution, or false imprisonment, etc.
By way of contrast, family law matters are not tried by a jury. Issues such as divorce proceedings, financial disputes and cases concerning children are determined by a judge or magistrate. Family cases involve private disputes, usually based on very personal issues. The judges or magistrates have specialist expertise and are better placed to deal with issues of confidentiality. They are also able to emphasise the welfare of any children involved, rather than the public determination of facts.
What is a jury trial?
A jury trial is where a case is heard in court by a group of ordinary citizens. A jury will hear evidence presented to it and decide the facts of the case. In criminal trials, the jury finds whether the defendant is guilty or not. The judge decides the sentence.
Are jury trials used in family law?
No. Family law matters in England and Wales are not heard by a jury. Judges and magistrates deal with divorce, financial remedy and child arrangements cases. There are legal tests applied throughout these proceedings that require specialist knowledge rather than consideration by a jury.
Which cases have jury trials in the UK?
Most jury trials take place in criminal proceedings in the Crown Court. A few civil trials are heard by a jury, but this is increasingly uncommon.
Why don’t family cases have a jury?
Family cases are about private and sensitive issues such as children, domestic abuse, financial disclosure and safeguarding. Judges are skilled at applying complex laws, and family hearings are normally held in private.
How does a jury reach its decision?
Jurors listen to the evidence in the trial and go into private deliberation to reach a verdict. A jury’s verdict must usually be unanimous, except in some cases where a majority verdict can be accepted.
Can someone choose to have a jury trial?
You cannot choose to have a jury trial for criminal cases. The right to trial by jury depends on what offence you are charged with. For civil cases, you can only have a jury trial in a few specific situations, and you must apply to the court for permission.