Standby system for jurors after conflicts force five trial adjournments 

People called for jury duty will have to remain “on standby” even if they are not selected to serve, as part of new measures to ensure trials can proceed should a juror be discharged.  

The move is in response to situations where jurors have had to be discharged after conflicts were identified once a trial is under way, leaving the court with little option but to bring proceedings to a halt despite the distress this can cause to defendants and witnesses alike, as well as additional costs. 

Over the past 12 months, five trials have had to be adjourned after juries were discharged when conflicts arose after jurors were empanelled. 

In all five cases, four of which occurred this year, other prospective jurors had already been released by the time the conflict arose, meaning people on the jury could not be replaced. 

“The core problem is that jurors often do not recognise a potential conflict when the names of witnesses are read out at the start of a trial,” a spokesperson for the Gibraltar Court Service told the Chronicle.  

“Once a jury is discharged at that stage, the options are limited.” 

“While the law does permit a juror to be drafted in from the street, this is not a workable solution once proceedings have commenced, as an entirely new jury is required at that point rather than a single replacement.”  

Such situations are normally rare but have unusually arisen on numerous occasions in recent months, the latest this week. 

It is not clear why they have become more prevalent but once a juror alerts the court as to a possible conflict, there are very few options open to the presiding judge. 

In England and Wales, courts usually have a standing jury pool present every day, enabling a replacement jury panel to be constituted at short notice, often the same afternoon or by the following morning.  

But this is not seen as a practicable arrangement in Gibraltar, both because the court service conducts no more than two jury trials at any one time and because it does not have the facilities required to maintain jurors in waiting on a standing basis at the courthouse. 

People called for jury service in Gibraltar are normally told to return for the next trial if they are not selected on the first date when they have been summonsed. 

Going forward, they will also be told that they may be called at short notice should a problem arise with a jury in a trial and new jurors be required. 

“A new arrangement is being implemented,” the GCS spokesperson said.  

“In short, jurors will now effectively be placed on standby for a period of weeks following their original selection and will be required to attend court at short notice when contacted.”  

“This is intended to ensure that a replacement pool can be convened quickly should a discharge become necessary.” 

Additionally, Chief Justice Anthony Dudley is reviewing the wider process of empanelling juries as the “standby arrangement” will not resolve every scenario. 

“This may include proposals for legislative amendments addressing the composition of juries,” the spokesperson said. 

This might include enabling the court to empanel additional jurors as a matter of course. 

Juries are normally composed of nine jurors. 

At present, the law permits the court to empanel up to three additional jurors in lengthy cases of more than four weeks, to ensure another juror can easily be replaced if need be. 

Jury service is seen as one of the key civic duties for citizens in Gibraltar and is a cornerstone of the criminal justice system. 

But the close-knit nature of Gibraltarian society and the small size of the juror pool mean it can often be difficult to find a jury that has no connection to the defendant or witnesses. 

If any potential conflict is identified while the jury is being selected, the judge can call on other people waiting outside. 

But if it arises once the trial is underway and potential jurors have been released, a problem arises that often cannot be resolved. 

When trials are cut short because conflicts arise involving a juror, it causes problems not just in delaying the administration of justice but in the management of the court diary. 

“The impact on listings is real, but the position here is not directly comparable to jurisdictions such as England and Wales where the pressure on court time is considerably greater,” the GCS spokesperson added.  

“Criminal trial dates are available here as early as August.”