C The Law Reform Commission is an independent statutory ON body established by the Law Reform Commission Act 1975. S U The Commission’s principal role is to keep the law under LTATI review and to make proposals for reform, in particular by recommending the enactment of legislation to clarify and ON modernise the law. PAP E This role is carried out primarily under a Programme of R CONSUltatiON papER Law Reform. The Commission’s Third Programme of Law Reform 2008-2014 was prepared and approved under the JURY SERVICE 1975 Act following broad consultation and discussion. The JURY SERVICE Commission also works on specific matters referred to it by the Attorney General under the 1975 Act. Since 2006, the Commission’s role also includes two other areas of activity, Statute Law Restatement and the Legislation Directory. Statute Law Restatement involves incorporating all amendments to an Act into a single text, making legislation more accessible. The Legislation Directory (previously called the Chronological Tables of the Statutes) is a searchable guide to legislative changes. lrc CP 61 – 2010 €15 AddrEss TELEPHONE FAX EMail WEBsitE (lrc CP 61 – 2010) 35-39 Shelbourne Road Dublin 4 Ireland +353 1 6377600 +353 1 6377601 [email protected] www.lawreform.ie The Law Reform Commission is a statutory body established by the Law Reform Commission Act 1975 111860 - LRC Juries Consultation 1 19/03/2010 10:53 www.lawreform.ie 111860 - LRC Juries Consultation 2 19/03/2010 10:53 CONSULTATION PAPER JURY SERVICE (LRC CP 61-2010) © COPYRIGHT Law Reform Commission FIRST PUBLISHED March 2010 ISSN 1393-3140 i LAW REFORM COMMISSION‘S ROLE The Law Reform Commission is an independent statutory body established by the Law Reform Commission Act 1975. The Commission‘s principal role is to keep the law under review and to make proposals for reform, in particular by recommending the enactment of legislation to clarify and modernise the law. Since it was established, the Commission has published over 150 documents (Consultation Papers and Reports) containing proposals for law reform and these are all available at www.lawreform.ie. Most of these proposals have led to reforming legislation. The Commission‘s role is carried out primarily under a Programme of Law Reform. Its Third Programme of Law Reform 2008-2014 was prepared by the Commission following broad consultation and discussion. In accordance with the 1975 Act, it was approved by the Government in December 2007 and placed before both Houses of the Oireachtas. The Commission also works on specific matters referred to it by the Attorney General under the 1975 Act. Since 2006, the Commission‘s role includes two other areas of activity, Statute Law Restatement and the Legislation Directory. Statute Law Restatement involves the administrative consolidation of all amendments to an Act into a single text, making legislation more accessible. Under the Statute Law (Restatement) Act 2002, where this text is certified by the Attorney General it can be relied on as evidence of the law in question. The Legislation Directory - previously called the Chronological Tables of the Statutes - is a searchable annotated guide to legislative changes. After the Commission took over responsibility for this important resource, it decided to change the name to Legislation Directory to indicate its function more clearly. ii MEMBERSHIP The Law Reform Commission consists of a President, one full-time Commissioner and three part-time Commissioners. The Commissioners at present are: President: The Hon Mrs Justice Catherine McGuinness Former Judge of the Supreme Court Full-time Commissioner: Patricia T. Rickard-Clarke, Solicitor Part-time Commissioner: Professor Finbarr McAuley Part-time Commissioner: Marian Shanley, Solicitor Part-time Commissioner: Mr Justice Donal O‘Donnell, Judge of the Supreme Court iii LAW REFORM RESEARCH STAFF Director of Research: Raymond Byrne BCL, LLM (NUI), Barrister-at-Law Legal Researchers: John P Byrne BCL, LLM, PhD (NUI), Barrister-at-Law Chris Campbell B Corp Law, LLB Diop Sa Gh (NUI) Siobhan Drislane BCL, LLM (NUI) Gemma Ní Chaoimh BCL, LLM (NUI) Bríd Nic Suibhne BA, LLB, LLM (TCD), Diop sa Gh (NUI) Jane O‗Grady BCL, LLB (NUI), LPC (College of Law) Gerard Sadlier BCL (NUI) Joseph Spooner, BCL (Law with French Law) (NUI), Dip. French and European Law (Paris II), BCL (Oxon) Ciara Staunton BCL, LLM (NUI), Diop sa Gh (NUI) STATUTE LAW RESTATEMENT Project Manager for Restatement: Alma Clissmann, BA (Mod), LLB, Dip Eur Law (Bruges), Solicitor Legal Researcher: Catriona Moloney BCL (NUI), LLM (Public Law) LEGISLATION DIRECTORY Project Manager for Legislation Directory: Heather Mahon LLB (ling. Ger.), M.Litt, Barrister-at-Law Legal Researcher: Rachel Kemp BCL (Law and German), LLM (NUI) iv ADMINISTRATION STAFF Executive Officers: Deirdre Bell Simon Fallon Darina Moran Peter Trainor Legal Information Manager: Conor Kennedy BA, H Dip LIS Cataloguer: Eithne Boland BA (Hons), HDip Ed, HDip LIS Clerical Officers: Ann Browne Ann Byrne Liam Dargan Sabrina Kelly PRINCIPAL LEGAL RESEARCHER FOR THIS CONSULTATION PAPER Charles O'Mahony, BA, LL.B (NUI), LL.M (Lond), LL.M (NUI) v CONTACT DETAILS Further information can be obtained from: Law Reform Commission 35-39 Shelbourne Road Ballsbridge Dublin 4 Telephone: +353 1 637 7600 Fax: +353 1 637 7601 Email: [email protected] Website: www.lawreform.ie vi ACKNOWLEDGEMENTS The Commission would like to thank the following people who provided valuable assistance, a large number of whom attended the Commission‘s roundtable discussion on this project on 18 June 2008: Ms Claire Bruton, Barrister Ms Patricia Casey, Courts Service Mr Mark Coen, School of Law, Trinity College Dublin Ms Rebecca Coen, Office of the Director of Public Prosecutions Ms Eileen Creedon, Office of the Director of Public Prosecutions Dr Penny Darbyshire, School of Law, Kingston University, London Mr Noel A Doherty, Courts Service Mr Bobby Eager, Solicitor, Garret Sheehan & Partners Mr Michael Farrell, Solicitor, Free Legal Advice Centres Mr Remy Farrell, Barrister Ms Mary Feerick, Courts Service Mr Kevin Fidgeon, Courts Service Ms Aine Flynn, Solicitor, Terence Lyons & Co Mr James Hamilton, Director of Public Prosecutions Mr Conor Hanly, Faculty of Law, NUI Galway Dr Niamh Howlin, Faculty of Law, Queen‘s University Belfast Ms Liz Hughes, Courts Service Ms Claire Loftus, Office of the Director of Public Prosecutions Mr Tony McGillicuddy, Barrister Ms Kate Mulkerrins, Office of the Director of Public Prosecutions Mr Ronan Munro, Barrister Mr David Nolan, Senior Counsel Mr Thomas O’Malley, Barrister, Faculty of Law, NUI Galway Ms Clare O’Regan, Solicitor, McGuill & Co Ms Emer O’Sullivan, Solicitor, Emer O‘Sullivan & Co Mr Robert Purcell, Solicitor, Hanahoe & Hanahoe Mr Noel Rubotham, Courts Service Ms Susan Ryan, Courts Service Mr Damian Sheridan, Barrister Ms Pauline Walley, Senior Counsel Ms Aisling Wall, Barrister Mr Thomas Ward, Courts Service Full responsibility for this publication lies, however, with the Commission. vii viii TABLE OF CONTENTS INTRODUCTION 1 A Background to the Project 1 B The role of juries in Ireland‘s court system 1 C The Constitution and representative juries 2 D Scope of the Project 4 E Changes made in 2008 Act and other developments since 2007 5 F The Commission‘s general approach to jury service 7 G Outline of the Consultation Paper 8 CHAPTER 1 JURY SELECTION IN IRELAND: FROM HISTORICAL DEVELOPMENT TO PRESENT TIMES 1 A Introduction 1 B The Emergence of Jury Trial 2 (1) The Brehon non-jury trial system 2 (2) The Anglo-Norman introduction of juries 2 (3) Special Juries: an historical note 3 (4) Juries as fact finders and independent of the judge 6 th C Trial by Jury in Ireland to the 19 Century 7 th (1) The political setting in the 19 century 8 (2) Regulation of Qualification for Jury Service in th the 19 century 10 D Jury selection since the Foundation of the State 15 (1) Main elements of Juries Act 1927 16 (2) 1965 Reports of the Committee on Court Practice and Procedure on Juries 18 (3) 1965 Report on Jury Service in England 20 E de Burca v Attorney General and the Juries Act 1976 21 (1) De Burca v Attorney General 22 (2) Key matters and principles arising from the de Burca case 26 (3) The impact of the English 1974 Act on the 1976 Act 28 (4) Key elements of the 1976 Act 28 (5) Changes made in 2008 Act 29 CHAPTER 2 CITIZENSHIP, RESIDENCY AND JURY SERVICE 31 ix A Introduction 31 B Jury Selection 31 (1) Objectives of Jury Selection in Ireland 32 C Citizenship and Demographics in Eligibility for Jury Service 38 (1) The 1976 Act and changing demographics in Ireland 38 (2) England and Wales 40 (3) Australia 41 (4) New Zealand 44 (5) Citizenship as an Eligibility Requirement for Jury Service in Ireland 45 D The Potential Use of the Register of electors for European and Local Elections 48 CHAPTER 3 INELIGIBILITY AND EXCUSAL FROM JURY SERVICE 53 A Introduction 53 B Concern with Ineligibility and Excusal from Jury Service 53 C Ineligibility and Excusal: The Law Reform Trend 55 D Ineligibility from Jury Service 61 (1) Background to Ineligibility for Jury Service 62 (2) Discussion of categories of Ineligible Persons under the Juries Act 1976 63 E Excusal from Jury Service 80 (1) Background to Excusal from Jury Service 80 (2) Developments since 1976 81 (3) Persons Excusable from Jury Service in the 1976 Act 82 (4) Effectiveness of Reform 84 F Deferral of jury service 86 (1) Comparative Review 86 (2) Length of deferral 88 (3) The Commission‘s View 88 CHAPTER 4 CAPACITY TO UNDERTAKE THE DUTIES