This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Discover how jury selection works in criminal trials in England and Wales, including how jurors are randomly chosen, eligibility rules under the Juries Act 1974, vetting procedures and how panels are formed for trial. Practical, clear guidance on this key aspect of criminal justice.
In criminal trials in England and Wales, juries play a fundamental role where they are required: jurors listen to evidence, apply the law as directed by the judge, and collectively decide whether a defendant is guilty or not guilty. The process by which jurors are selected - often referred to as jury selection procedures - is designed to ensure that juries are impartial, representative and lawful. This article explains how jurors are identified, summoned, qualified, examined and empanelled, and what rules and safeguards govern the process.
What Is a Jury and When Is It Used?
A jury is a group of typically 12 ordinary members of the public who are asked to decide the facts in certain criminal trials. Jury trials normally take place in the Crown Court, where serious offences such as robbery, burglary, and murder are tried. The jury's verdict must be based only on the evidence presented at trial and directions on law provided by the judge.
How Potential Jurors Are Selected
Random Selection from the Electoral Register
Potential jurors are selected at random from the electoral register - the official list of people entitled to vote. The Jury Central Summoning Bureau (JCSB) generates this selection electronically and sends out jury summonses to individuals chosen for possible service.
This random selection aims to ensure that everyone on the electoral roll has an equal chance of being called, helping produce a diverse and balanced jury pool.
Who Is Eligible to Serve?
Eligibility is governed by statute, principally the Juries Act 1974. To qualify for jury service in criminal trials:
- Individuals must be registered on the parliamentary or local government electoral register;
- They must be aged 18 to 75;
- They must have been ordinarily resident in the UK (or Channel Islands or Isle of Man) for at least five years since the age of 13; and
- They must not be disqualified under statutory criteria.
Certain people are disqualified from serving, including those currently on bail or with significant recent convictions, sentences of long imprisonment, or certain mental health restrictions.
Responding to a Jury Summons
When a potential juror receives a jury summons, they must respond within a specified time (usually seven days). If they do not respond or fail to attend court without good reason, they may face penalties, such as a fine.
People summoned are instructed to attend court on specified dates and times. Service usually lasts up to about 10 working days, although longer trials can extend jury service.
From Summons to Panel: Forming the Jury Pool
When summoned jurors attend court, they are not automatically assigned to a particular trial. Instead:
- Summoned jurors gather in a waiting area or panel;
- When a judge indicates a trial is ready to start, a computer system randomly selects a panel from the assembled jurors; and
- From that panel the court clerk randomly selects 12 jurors to form the trial jury. Those not chosen may return to the waiting area for other panels or be released.
This process means that even if a person attends for jury service, they may not be empanelled on a particular trial unless selected at random.
Challenges and Vetting
Checks Before Service
Before empanelling jurors, courts and officials conduct basic checks to confirm that potential jurors are eligible, including checking identities and ensuring no obvious disqualifications. Some checks may involve the Disclosure and Barring Service (DBS) to confirm that individuals are not disqualified from serving. These checks help protect the integrity of the jury panel.
Right of Challenge and “Stand By”
Unlike some jurisdictions, the defence does not have peremptory challenges (automatic vetoes) to exclude jurors without giving a reason. Instead:
- Challenges for cause can be made where there is evidence a juror is unfit or biased;
- The prosecution retains a limited right to request “stand by” in specific, exceptional circumstances (such as national security or terrorism cases) under guidelines issued by the Attorney General. These rights are exercised carefully and narrowly, and typically only in accordance with established guidance.
In open court, the judge may consider challenges or requests relating to individual jurors' suitability. Otherwise, the random process remains central.
Taking the Oath or Affirmation
Once 12 jurors are selected, they are required to take a legal oath or affirmation, promising to act honestly and impartially, and to consider only the evidence presented in court. Failure to comply with these duties can constitute an offence.
After the oath, the jury becomes responsible for hearing the trial and delivering a verdict based on facts and judicial directions on law.
Maintaining Impartiality
One of the core principles of jury trials is that jurors must be independent and impartial. This means they should not have prejudices or connections that would unfairly influence their decision-making. Under the European Convention on Human Rights, fair trial rights include trial by an impartial tribunal - and the procedures for random selection and careful vetting reflect that commitment.
Jurors are expected to avoid researching the case outside court, discussing the case with outsiders, or allowing external information to affect their deliberations.
Practical Considerations for Potential Jurors
Notification and Attendance
Individuals summoned for jury service should check their summons carefully and attend court as instructed. If they have valid reasons for needing to be excused or to defer service (for example, health issues or significant commitments), they must apply promptly to the court.
Length and Duties
Jury service can last from a few days to several weeks or longer in complex trials. Jurors will attend court daily and are expected to listen carefully to evidence and instructions from the judge.
Expenses and Compensation
Jurors do not receive a salary, but they can claim reasonable reimbursement for travel costs and some expenses such as loss of earnings, subject to statutory rates and conditions.
Key Takeaways
Jury selection procedures in criminal trials in England and Wales combine randomness, statutory eligibility criteria and procedural safeguards to produce juries that are impartial and representative. Potential jurors are chosen from the electoral register, summoned to court, and then randomly selected into panels and final juries. Checks and limited challenge procedures help ensure qualification and impartiality. Understanding the selection process helps demystify public participation in the justice system and highlights the importance of fairness and independence in trial outcomes.
