凡有需要召集一个陪审团,司法常务官须以抽签或任何其他随机抽选的办法,从陪审员名单中选出由法官所指示人数的陪审员,组成一个小组。当因任何因由而未能将传票送达任何已获挑选的陪审员时,司法常务官须另选一名陪审员,以补足该小组所需的人数。
在所有民事及刑事审讯,以及就任何人是否白痴、精神错乱或精神不健全而进行的所有研讯中,陪审团(如有的话)须由7人组成,但如聆讯或可能聆讯任何该等审讯或研讯的法庭或法官命令该陪审团须由9人组成,则属例外。
[In all civil and criminal trials and in all inquiries into the idiocy, lunacy, or unsoundness of mind of any person, the jury, if any, shall consist of 7 persons except where the court or the judge before whom any such trial or inquiry is or may be heard, orders that the jury shall consist of 9 persons.]
在某些情形下,若陪审员的特殊情形可能影响其神智清醒及/或对案件评判的公证之心,其可以申请缺勤法庭审判,这是两个方面的:其一,被此等陪审员断定有罪的被告可以申请推翻结论;其二,此等陪审员可据此免除陪审义务,法庭重新随机抽选陪审员补足指定人数。
让我们赏析一下历史上与此相关的经典普通法判例:
案例1
"We repeat that the existence of a serious conscientious objection arising out of a religious belief, on its own, would be unlikely to amount to a 'good reason' for being excused jury service. In other words, it would not outweigh the necessity to insist upon the observance of the public duty or obligation to perform jury service. It may, in our view, do so if the applicant's religious beliefs, for example, would be likely to prevent her from performing her duty as a juror in a proper way. Adherence to some kind of religious belief simply cannot be regarded as an unchallengeable right to excusal from jury service as automatically amounting to 'good reason.' … In the present case, … the judge did not … appreciate that if the applicant served on a jury she would, according to her, perform her duties in isolation from the other jurors. She would, she informs us in her affidavit, have reached a verdict without reference to any other juror, and moreover announced it separately. In other words, she would not participate at all in the usual discussion between jurors which is an integral part of the jury system. There is, as has been recently emphasised in Watson and Others (1988) Cr App R 1, 8, [1988] QB 690, 700 in the judgment of a five judge Court given by Lord Lane, C.J: 'a duty on each jury member not only as an individual but collectively. That is the strength of the jury system. Each of you takes into the jury box with you your individual experience and wisdom. Your task is to pool that experience and wisdom. You do that by giving your views and listening to the views of the others. There must necessarily be "discussion, argument and give and take within the scope of your oath.
案例3
"It is undesirable that the apprehension of the jury bias should lead to appeals such as those with which this court has been concerned. It is particularly undesirable if such appeals lead to the quashing of convictions so that re-trials have to take place. In order to avoid this it is desirable that any risk of jury bias, or of unfairness as a result of partiality to witnesses should be identified before the trial begins. If such a risk may arise, the juror should be stood down.


