The English Legal System has been tried and tested over the centuries and, often through trial and error, has evolved to keep pace with the changing needs of society. It is indeed appropriate that we seek to preserve and protect those virtues which have made it sound, impartial and fair.

One such cornerstone of our legal system is the jury system. While most ordinary citizens may never have cause to enter a courtroom as a litigant, many are likely at some time during their lives to be called upon to perform service as jurors.

The jury system is founded upon the concept of an accused person being afforded a fair and impartial trial by a panel of his peers, being ordinary citizens like himself. Jurors therefore perform a very valuable public service.

Qualifications of Jurors

Every person between the ages of 18 to 60 years (who is not otherwise disqualified or exempted) and who is qualified to be a voter in elections under the laws of Anguilla, shall be liable to serve as a juror, whether or not that person’s name appears on the Voters List.

Persons who are exempt or disqualified

The following persons are exempt from jury service:

• Permanent Secretaries in the Anguilla Public Service

• Other civil servants who in the opinion of the Governor should be exempt

• Employees of public utilities who in the opinion of the person in charge should be exempt

The following persons are disqualified from jury service:

• Members of the Judiciary
• Others involved in the administration of justice, such as lawyers, law clerks, notaries public, police offers, prison officers, probation officers, coroners, officers and staff of the court, etc
• Members of the Clergy
• Members of Executive Council, the House of Assembly or the Clerk
• Mentally disordered persons
• Persons imprisoned or otherwise punished by the justice system
• Health Professionals
• Illiterate persons

NB: You should carefully check the Jury Act to determine whether your particular job or occupation or status brings you under the exempt or disqualified categories.

The Jurors’ List
Each year the List of Jurors is prepared by the Registrar of the High Court, approved by the Attorney General and revised by the Magistrate. The list may be published in a newspaper or the Official Gazette or conspicuously posted at an appropriate place or places such as the Courthouse. Names may be added or deleted during the revision, as provided by the Jury Act. Persons are entitled to appear at the revision to state that they either are, or are not, liable to be included on the List.

Jury Trials

Prior to the beginning of a jury trial, a panel of thirty potential jurors is selected by the Registrar of the High Court, in accordance with a strict procedure laid down in the Jury Act. These persons are summoned by the Registrar to attend on the day scheduled for the trial. Any juror who has been summoned and does not attend may be fined by the presiding judge, unless they can show illness or unavoidable accident. Jurors should be allowed time off from work to attend without deduction of wages, and are entitled to a nominal sum as compensation for attendance and for travel expenses.

Once the proceedings have commenced, nine jurors are selected from the panel of thirty to serve for the trial. Prior to this selection, jurors have an opportunity to present excuses as to why they should not serve. The lawyers on either side also have an opportunity to object to certain jurors. The nine jurors finally selected are then sworn by the judge and the actual trial commences. It should be noted that in jury trials the judge makes rulings on matters of law, while the jury is responsible for making decisions on matters of fact.

During breaks in the trial, such as for lunch or at the end of a day, the jurors are prohibited from discussing the case with anyone except their fellow jurors. Unlike the highly publicized O. J. Simpson case, under English law it is fairly rare for jurors to be sequestered or isolated for an entire trial, in an effort to minimise outside influences. In a small island like Anguilla we also do not have the luxury of being able to readily shift a trial to another state or city if it is feared that a defendant cannot get a fair trial in a particular locality. However, so far the system has served us well.

At the end of the trial the jury retires to the Jurors room to consider its verdict. A verdict will not be accepted within two hours of the judge’s summing up unless it is unanimous. After this time, a verdict on which seven of the nine jurors agree will be accepted. However, this does not apply to the trial of a capital charge, where the verdict must always be unanimous.

A person who attempts to influence a juror, as well as a juror who yields to such influence, may be punished by imprisonment.

Alex Richardson is Managing Partner of the law firm Alex Richardson & Associates, P O Box 371, The Babrow Building, The Valley, Anguilla, Tel: 264 498 4224, Fax: 264 498 4220, email: arichardson@anguillanet.com. He is also Managing Director of Paragon Corporate Services Ltd.

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