There was tendered to the court what appeared to be a statement from a juror asserting that a majority of the jury had been ready to acquit until the foreman read out a list of the previous convictions of the accused.
Held: ‘This court is now asked to enquire into the matter and to adjourn in order to see whether the alleged statement by the juryman can be supported by some statement or affidavit made by him. But the court has come to the conclusion that it is perfectly idle to adjourn the case for that purpose, because the court is quite satisfied that they would have no right at all to enquire as to what did occur in the jury room. It has for long been a rule of practice, based on public policy, that the court should not enquire by taking evidence from jurymen as to what did occur in either the jury box or the jury room.’
Lord Parker CJ
(1962) 4 Cr App R 72
England and Wales
Cited – Regina v BM and Another CACD 9-Dec-1996
A message was offered to one of the solicitors acting for a defendant from a relative of a juror after the trial.
Held: Rules against hearing of jury deliberations are wider than Contempt of Court Act. The court refused to commence any Young . .
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 – 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 Smith, Regina v Mercieca HL 16-Feb-2005
A member of the jury wrote to the judge saying that other members were failing to discharge their duties properly. Smith took a tactical decision not to seek a retrial. The judge saw counsel in chambers, after which the jury were reminded of their . .
Lists of cited by and citing cases may be incomplete.
Updated: 29 April 2022; Ref: scu.183496