9084/22 LAW - Paper 2 Data Response - May/June 2018 - Trial Without a Jury (Visually Impaired)

Oct 23, 2026

Uploaded by Hazel

Law paper 2 (Data Response) for Cambridge International Advanced Subsidiary and Advanced Level 9084/22, May/June 2018, suitable for visually impaired candidates. Students answer either Question 1 or Question 2 and must refer to supplied source material on the Criminal Justice Act 2003. Question 1 includes scenarios involving murder, robbery, and manslaughter, requiring evaluation of when trials may proceed without juries and how jury tampering affects proceedings. A final task assesses jury selection in the Crown Court.

LanguageEnglish

CategoryExam

FormatPDF

Pages16

Reading Time40 min

AccessFree to download

Read these instructions first

Answer either Question 1 or Question 2

Question 1: Criminal Justice Act 2003 scenarios

Question 2: (Not provided in the text excerpt)

Source material: Criminal Justice Act 2003

Section 44: Application for non-jury trial

Section 46: Discharge of jury because of jury tampering

Case reference: R v TWOMEY [2009]

CAMBRIDGE INTERNATIONAL EXAMINATIONS Cambridge International Advanced Subsidiary and Advanced Level 9084/22 LAW Paper 2 Data Response May/June 2018 TIME: 1 hour 30 minutes SUITABLE FOR VISUALLY IMPAIRED CANDIDATES No Additional Materials are required. READ INSTRUCTIONS OVERLEAF DC (JM) 162647 The whole of this paper is © UCLES 2018. READ THESE INSTRUCTIONS FIRST An answer booklet is provided inside this question paper. You should follow the instructions on the front cover of the answer booklet. If you need additional answer paper ask the invigilator for a continuation booklet. Answer ONE question. The number of marks is given in brackets [ ] at the end of each question or part question. BLANK PAGE Answer EITHER Question 1 OR Question 2. You should make appropriate reference to the source material supplied for each question. 1 (a) Jerome is about to be tried for murder. Five years ago in a burglary trial, Jerome was acquitted and it was rumoured that jurors had been threatened. The prosecution lawyer thinks the same thing could happen again so he applies to the Crown Court judge for trial without a jury. The judge feels the case is very serious and that, even with police protection, the jurors will feel intimidated. Consider how the Criminal Justice Act 2003 will apply to the trial of Jerome. [10] (b) Freddie is being tried for a third time for robbery because two previous trials collapsed. After two weeks of jury deliberations, the judge receives a note saying that a juror has been given £250 not to convict Freddie. The judge calls the lawyers together and tells them she intends to continue without a jury but she does not tell them why and she does not speak to any of the jurors. The judge immediately discharges the jury and convicts Freddie. Consider how the Criminal Justice Act 2003 will apply to the trial of Freddie. [10] (c) Katrina is facing a second trial for the manslaughter of a woman in a fight. The prosecution applies to a Crown Court judge for Katrina to be tried without a jury, saying that the previous trial was abandoned because a key witness was intimidated by Katrina’s brother. The defence says this is unlikely as Katrina’s brother was in prison at the time and he remains in prison. The judge tries Katrina with a jury and she is convicted. Consider how the Criminal Justice Act 2003 will apply to the trial of Katrina. [10] (d) Evaluate the selection process of juries in the Crown Court. [20] SOURCE MATERIAL FOR QUESTION 1 CRIMINAL JUSTICE ACT 2003 SECTION 44 APPLICATION BY PROSECUTION FOR TRIAL TO BE CONDUCTED WITHOUT A JURY WHERE DANGER OF JURY TAMPERING (1) This section applies where one or more defendants are to be tried on indictment for one or more offences. (2) The prosecution may apply to a judge of the Crown Court for the trial to be conducted without a jury. (3) If an application under subsection (2) is made and the judge is satisfied that both of the following two conditions are fulfilled, he must make an order that the trial is to be conducted without a jury; but if he isnot so satisfied he must refuse the application. (4) The first condition is that there is evidence of a real and present danger that jury tampering would take place. (5) The second condition is that, notwithstanding any steps (including the provision of police protection) which might reasonably be taken to prevent jury tampering, the likelihood that it would take place would be so substantial as to make it necessary in the interests of justice for the trial to be conducted without a jury. (6) The following are examples of cases where there maybe evidence of a real and present danger that jury tampering would take place— (a) a case where the trial is a retrial and the jury in the previous trial was discharged because jury tampering had taken place, (b) a case where jury tampering has taken place in previous criminal proceedings involving the defendant or any of th

FAQs

What is the overall task structure for this paper?

Answer either Question 1 or Question 2. Question 1 requires answering parts (a)–(d) based on scenarios and making appropriate reference to the supplied Criminal Justice Act 2003 source material.

When can a Crown Court trial be conducted without a jury under the Criminal Justice Act 2003?

The prosecution may apply for a non-jury trial, and the judge must order it if satisfied there is evidence of a real and present danger of jury tampering and that, despite reasonable preventive steps (including police protection), the likelihood is so substantial that it is necessary in the interests of justice.

What safeguards apply if a judge is minded to discharge a jury due to jury tampering?

Before discharging the jury, the judge must inform the parties of the intention and the grounds and allow opportunities for representations. After considering them, the judge may order the trial to continue without a jury only if satisfied that tampering has taken place and that continuing without a jury would be fair, subject to termination where required by the interests of justice.

Oct 23, 2026

Uploaded by Hazel