The SCCRC and Jurors

The question has arisen as to whether and, if so, to what extent, the Commission, in the course of its investigations into a case, is entitled to enquire into what occurred within the confines of the jury room.

The Commission sought clarification on this issue and the High Court delivered its opinion on the matter in July 2001. ( Click here for link on the opinion)

The Commission had been presented with allegations concerning the conduct of members of a jury who had delivered the verdict in a case under review.

The Commission sought the opinion of the court as to what limitations there were on the Commission carrying out its statutory responsibility to review cases given that, in this case, the Commission wished to undertake inquiries and obtain statements from witnesses, including jurors, in relation to matters concerning alleged misconduct by jurors.

The Court decided that the Commission was bound by the terms of the Contempt of Court Act 1981, section 8, which provides that "it is a contempt of court to obtain, disclose or solicit any particulars of statements made, opinions expressed, arguments advanced or votes cast by members of a jury in the course of their deliberations in any legal proceedings."

However, the court said that "deliberations of a jury" should be taken to refer only to what occurred when the jury was considering its verdict, after having been directed by the judge to retire to do so. The Commission would not be entitled to make any enquiry into what occurred during this stage in the proceedings. However, the Commission would not be prevented from making enquiries and interviewing witnesses, including jurors, about matters which occurred prior to and outwith the time when the jury was considering its verdict.