Where jurors had concerns about the behaviour of fellow jurors, they should bring these to the attention of the judge during the trial rather than after. Jurors should be told of this, but not in such a way as to encourage inappropriate criticism of fellow jurors. ‘IV.42.6 Trial judges should ensure that the jury is alerted to the need to bring any concerns about fellow jurors to the attention of the judge at the time, and not wait until the case is concluded. At the same time, it is undesirable to encourage inappropriate criticism of fellow jurors, or to threaten jurors with contempt of court. IV.42.7 Judges should therefore take the opportunity, when warning the jury of the importance of not discussing the case with anyone outside the jury, to add a further warning. It is for the trial judge to tailor the further warning to the case, and to the phraseology used in the usual warning. The effect of the further warning should be that it is the duty of jurors to bring to the judge’s attention, promptly, any behaviour among the jurors or by others affecting the jurors, that causes concern. The point should be made that, unless that is done while the case is continuing, it may be impossible to put matters right.’
Woolf LCJ
Times 27-Feb-2004, [2004] 1 WLR 665
England and Wales
Citing:
Amended – Practice Direction (Criminal Proceedings: Consolidation) CACD 8-Jul-2002
. .
Applied – Regina v Connor and another; Regina v Mirza HL 22-Jan-2004
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 by:
Cited – Attorney General v Scotcher HL 19-May-2005
Following a trial, a juror wrote to the defendant’s mother to say that other jury members had not considered the case in a proper manner. He had been given written advice that he was not free to discuss a case with anyone. He appealed his conviction . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Leading Case
Updated: 01 November 2021; Ref: scu.194061