At the start of the day after the jury retirement, one juror was late. The defendant complained that the jury had not all been present during the deliberations.
Held: There was no magic in any particular form of words. The jury should be clear that they should only discuss the matter after the bailiffs had been sworn, and whilst they were all together. The court had to ask what was the risk that a proper verdict had not been reached. No injustice had been caused.
Judges:
Woolf LCJ, Gibbs, Fulford JJ
Citations:
Times 12-Dec-2003
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Oliver (Ian) CACD 6-Dec-1995
Detailed guidance was given on directions when a jury are to be allowed to split up overnight after retiring using the court’s discretion under s43, including ‘1. That the jury must decide the case on the evidence and the arguments which they have . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 12 May 2022; Ref: scu.189895
