The jury must ‘faithfully try the several issues…’
Last week we looked at what goes on in court and we ended with the judgeâs summation (summary). The judge has a duty to sum up the facts in the case and to examine the appropriate law where necessary. No case is complete without it. It is very important to the jury. We will return to this sometime later. This week we will deal with more detailed information on the jury whose job is to deal with the facts.{{more}}
A jury is a group of persons selected according to law and given the power to decide question of facts and return a verdict in the case submitted to them. A jury is always chosen for criminal matters in the High Court of St. Vincent and the Grenadines and in a Coronerâs inquest in the magistrateâs court.
Chapter 21 of the Laws of St. Vincent and the Grenadines Revised Edition 1990 provides for a jury in all criminal cases in the High Court. This provision supports the prevailing doctrine that one should be judged by oneâs peers.
To qualify to be a juror persons must be 18 years and over but not more than 60 years of age; must ordinarily reside in St Vincent; must be a commonwealth citizen; must be able to read and write the English language and understand the same when spoken; must possess property or hold leasehold of an annual value of $240 or must be in receipt of an annual income of $480.
Certain persons are disqualified from performing jury duty. These include persons who have been convicted of any offence punishable with more than three years imprisonment and who have not received a free pardon; persons who are of unsound mind or are deaf or blind.
Certain categories of persons are exempted from serving and these include members of the House of Assembly, ministers of religion following no secular (worldly) occupation, persons holding appointment under the crown and receiving salaries, lawyers in actual practice and their clerks, bank managers, mariners, the Kingstown warden, members of the police force or prison department, medical practitioners in actual practice, residents of the Grenadines, Cable & Wireless operators, schoolmasters in Government and grant-in-aid schools, chemists, druggists and dispensers in actual practice and dental practitioners actually engaged in practice.
Magistrates are required by law to compile a list of all suitable persons and have the list published in the Gazette and posted at the courthouses and police stations in their districts. The registrar of the High Court as additional magistrate has a duty also to compile such a list and have it published in the Gazette and posted on the notice board outside the Court House.
The registrar will hear any objection by prospective jurors against inclusion on the list. The list is then sent to the commissioner of police for his examination After the formalities the names of jurors are entered in the Jury book. The names are drawn by ballot for duty in the criminal assizes and in a Coronerâs Inquest.
Some time before the assizes, jurors are summoned. According to the law, there must be at least 40 jurors at the beginning of the assizes. Illness is the only excuse for the avoidance of jury duty and a doctorâs certificate is required. An orientation programme is provided for the jury before the opening of the assizes. At this session the jurors are informed about the procedures and practices of the court. It is a worthy contribution to oneâs country to serve in this way.
For general information the Christmas vacation for the court begins on, the 23rd December and ends on 10th of January 2005. There are no sessions in civil or criminal court but the court office is normally open on working days. Merry Christmas/happy holidays to all my readers.
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