Trial by Jury: Still a Lamp in the Dark?-Reference-Cited by-同舟云学术

Trial by Jury: Still a Lamp in the Dark?

Published:2005-12 Issue:6 Volume:69 Page:518-534
ISSN:0022-0183
Container-title:The Journal of Criminal Law
language:en
Short-container-title:The Journal of Criminal Law

Author:

McGowan Laura¹

Affiliation:

1. Criminal law tutor at University College, London, of King's Inn (Dublin) and Gray's Inn (London)

Abstract

Under the current law, where evidence of jury impropriety has become known following a trial, the Court of Appeal cannot investigate jury deliberations to determine if the verdict is unsafe. This article considers whether the justifications for this rule, and the safeguards present in a jury trial, are sufficient to justify the prohibition. It concludes that they are not. The rule is indefensible, and investigations should be permitted in certain circumstances.

Publisher

SAGE Publications

Link

http://journals.sagepub.com/doi/pdf/10.1350/jcla.2005.69.6.518

Reference96 articles.

1. G. Winship, ‘Jury Deliberation: An Observation Study’ (2000) 33(4)Group Analysis547–57 at 547, full text available at http://eprints.whiterose.ac.uk/archive/00000219/, accessed 20 September 2005, referring to a research project on jury deliberation led by Sally Lloyd Bostock in 1995.

2. Lord Devlin,Trial by Jury(1956) 164.

3. See generallyRvMirza;RvConnor and Rollock[2004] UKHL 2, [2004] AC 1118. Lord Hope stated ‘the right to trial by jury has a unique and vital role to play in our criminal justice system’ (at 1146).

4. [2004] UKHL 2, [2004] AC 1118. The rule was then referred to by the House of Lords inRvSmith;RvMercieca[2005] UKHL 12, [2005] 1 WLR 704, (2005) 69 JCL 397. The House of Lords applied the rule inAttorney-GeneralvScotcher[2005] UKHL 36, [2005] 1 WLR 1867. Finally the Court of Appeal referred to it inRvMomodou and Another[2005] EWCA Crim 177, [2005] 2 All ER 571.

5. RvMirza;RvConnor and Rollock[2004] AC 1118 at 1143. Lord Carswell inRvSmith;RvMercieca[2005] UKHL 12, [2005] 1 WLR 704 said: ‘The general rule is that the court will not investigate, or receive evidence about, anything said in the course of the jury's deliberations while they are considering their verdict in their retiring room’.

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