The defendant appealed his conviction for possession of class A drugs, saying that the drugs found had belonged to somebody who had stayed at his flat whilst he had been away. One of the jurors later told a police officer that she had known through work some of the officers on whose evidence the case was based.
Held: The knowledge of the juror could amount to an extrinsic influence on the jury, so as to allow in turn an examination by the court of its nature and effect. In this case, ‘the fact that the juror knew the officers in the case reasonably well and had worked with them is enough to satisfy the bias test as regards the individual juror. There was a real possibility that she would be influenced by these factors in reaching her verdict.’ The appeal succeeded.
Judges:
Dyson LJ, Forbes J, Rogers QC J
Citations:
[2007] EWCA Crim 1700
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Brandon CACD 1969
The court considered whether events outside the jury room having possible effects on deliberations might leave those open to enquiry. The jury bailiff had told the jury of the accused’s previous convictions. This was a grave irregularity, was . .
Cited – Regina v Connor and another; Regina v Mirza HL 22-Jan-2004
Extension of Inquiries into Jury Room Activities
The defendants sought an enquiry as to events in the jury rooms on their trials. They said that the secrecy of a jury’s deliberations did not fit the human right to a fair trial. In one case, it was said that jurors believed that the defendant’s use . .
Cited – Porter and Weeks v Magill HL 13-Dec-2001
Councillors Liable for Unlawful Purposes Use
The defendant local councillors were accused of having sold rather than let council houses in order to encourage an electorate which would be more likely to be supportive of their political party. They had been advised that the policy would be . .
Cited – Regina v Pan 29-Jun-2001
(Supreme Court of Canada) The court considered the reason behind the common law rule against a court examining the activities of a jury: ‘the rule seeks to preserve the secrecy of the jury’s deliberations, while ensuring that those deliberations . .
Cited – Regina v Young (Stephen) CACD 30-Dec-1994
Jury Consulting Ouija Board – Serious Irregularity
It had been suggested that during their overnight stay in a hotel after retiring to consider their verdict, some of the jurors had consultated an ouija board to consult with the deceased, and to ask him who had been his killer. Having believed that . .
Cited – Regina v Abdroikov and Others CACD 28-Jul-2005
The defendants appealed against their convictions, saying that the presence of police officers on the jury suggested bias.
Held: The court rejected the suggestion that police officers should, because of their occupation, be automatically . .
Cited by:
Cited – Regina v Abdroikof, Regina v Green; Regina v Williamson HL 17-Oct-2007
The House was asked whether a jury in criminal trials containing variously a Crown Prosecution Service solicitor, or a police officer would have the appearance of bias. In Abdroikof, the presence of the police officer on the jury was discovered only . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 21 July 2022; Ref: scu.254581