Juries Act 1974

[^key-8ff670967ea4815fb9736efaed9c2260]: S. 20A inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 71(3), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 56 (with Sch. 2 para. 3(a))

[^key-d7e5362e5bb4adc971a43784de908bbd]: S. 20B inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 72, 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 57 (with Sch. 2 para. 3(a))

[^key-6bed8ecd0eca859909ac6b3b4e0b70b7]: S. 20C inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 73, 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 58 (with Sch. 2 para. 3(a))

[^key-a7e6aeed6b970ba0db4dd0c0f7b8ce7b]: Ss. 20D-20G inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 74(1), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 59 (with Sch. 2 para. 4(a))

[^key-d0cb73464fcacabb14b6a99759a5566a]: S. 20 heading substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 71(2), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 56 (with Sch. 2 para. 3(a))

[^key-99022bcd033c58145f80c79c66962878]: S. 22(A1) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 77(2), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 62

[^key-b98ed8d29ef1edc8b60b91db143ce1e0]: Words in s. 3(1) substituted (9.9.2016) by Criminal Justice and Courts Act 2015 (c. 2), ss. 68(3), 95(1); S.I. 2016/896, art. 2(b)

[^key-b0fe98e536a23f4631191fa80073b8fd]: Words in s. 1(1)(a) substituted (1.12.2016) by Criminal Justice and Courts Act 2015 (c. 2), ss. 68(2), 95(1); S.I. 2016/896, art. 3(b)

[^key-ad98cc3b760d14fa9f1572aa92916b7b]: Words in s. 23(2) inserted (30.6.2018) by Armed Forces (Flexible Working) Act 2018 (c. 2), ss. 2(4), 3(3); S.I. 2018/799, reg. 2

[^key-c7e3f4ec1bf14a96f985daea7c9d1b6b]: Words in s. 9(2A) substituted (30.6.2018) by Armed Forces (Flexible Working) Act 2018 (c. 2), ss. 2(2), 3(3); S.I. 2018/799, reg. 2

[^key-07587cf3190b4e57ce0ab8ea99bb7c97]: Words in s. 9(2B) substituted (30.6.2018) by Armed Forces (Flexible Working) Act 2018 (c. 2), ss. 2(2), 3(3); S.I. 2018/799, reg. 2

[^key-40534e4c0407e547b83ca01741992ba2]: Words in s. 9A(1A) substituted (30.6.2018) by Armed Forces (Flexible Working) Act 2018 (c. 2), ss. 2(3), 3(3); S.I. 2018/799, reg. 2

[^key-0d94a32d0197273c5d895aa0844fcb44]: Words in s. 9A(1C) substituted (30.6.2018) by Armed Forces (Flexible Working) Act 2018 (c. 2), ss. 2(3), 3(3); S.I. 2018/799, reg. 2

[^key-f864be85a6a66ef22ace0051cf2db9e0]: Words in s. 9A(2B)(a) substituted (30.6.2018) by Armed Forces (Flexible Working) Act 2018 (c. 2), ss. 2(3), 3(3); S.I. 2018/799, reg. 2

[^key-7177111c025b09ba668a1a6a5c76bac2]: Words in Sch. 1 para. 6(d) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 28(2) (with Sch. 27); S.I. 2020/1236, reg. 2

[^key-fa2633b8323c32e947843fdb2d36ab84]: Words in Sch. 1 para. 7(b) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 28(3) (with Sch. 27); S.I. 2020/1236, reg. 2

[^M_F_6be9371e-f691-4d2e-9838-0728a9eb58cc]: S. 9B(4) inserted (temp. until the amendment by 2003 c. 39, Sch. 4 para. 3 comes into force) (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 2 para. 10(1)(2)(4); S.I. 2012/669, art. 4(c)

[^M_F_adaaed97-cac4-466e-8ba4-2fb2e39bcbe6]: S. 9B(3)(b) and word inserted (temp. until the amendment by 2003 c. 39, Sch. 4 para. 3 comes into force) (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 2 para. 10(1)(2)(4); S.I. 2012/669, art. 4(c)

[^M_F_d00a7637-20a0-4a9d-8da7-1b800e868f8a]: Words in s. 9B(3) renumbered as s. 9B(3)(a) (temp. until the amendment by 2003 c. 39, Sch. 4 para. 3 comes into force) (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 2 para. 10(1)-(3); S.I. 2012/669, art. 4(c)

[^key-4aeee353c0665da6ec6538744ce29ed8]: S. 9C inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 196(2), 208(5)(x)

[^key-cd840a2a564d20adadab81a5aa0d9301]: Ss. 20H, 20I inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 196(3), 208(5)(x)

[^key-59253ca5c228692f0710868525c6b698]: S. 16(2) omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 197(b), 208(5)(x)

[^key-0ac1c1c32c2178623c00df707d564736]: Words in s. 16(1) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 197(a), 208(5)(x)

[^key-777587c37ce3ce5f6ffe708bd1c3248c]: Words in s. 22(A1) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 196(4), 208(5)(x)

[^c857741]: S. 20(5)(e) and word inserted (3.2.1995) by 1994 c. 33, s. 168(2), Sch 10 para. 28; S.I. 1995/127, art. 2(1), Sch. 1, Appendix B

[^M_F_7cb43f0e-6ccd-4b4d-f448-78aed9209cf9]: Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 37, 38, 46 (with s. 47)

Electoral register as basis of jury selection.

Discharge of summonses in case of doubt as to capacity to act effectively as a juror.

Part 1 — Persons subject to Mental Health Act 1983 or Mental Capacity Act 2005

1

A person for the time being liable to be detained under the Mental Health Act 1983.

2

A person for the time being under guardianship under section 7 of the Mental Health Act 1983 or subject to a community treatment order under section 17A of that Act.

3

A person who lacks capacity, within the meaning of the Mental Capacity Act 2005, to serve as a juror.

4

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 2 — Other Persons Disqualified for Jury Service

5

A person who is on bail in criminal proceedings (within the meaning of the Bail Act 1976).

6

A person who has at any time been sentenced in the United Kingdom, the Channel Islands or the Isle of Man—

• (a) to imprisonment for life, detention for life or custody for life,

• (b) to detention during her Majesty’s pleasure or during the pleasure of the Secretary of State,

• (c) to imprisonment for public protection or detention for public protection,

• (d) to an extended sentence under section 226A, 226B, 227 or 228 of the Criminal Justice Act 2003 or section 254, 266 or 279 of the Sentencing Code (including such a sentence imposed as a result of section 219A, 220, 221A or 222 of the Armed Forces Act 2006) or section 210A of the Criminal Procedure (Scotland) Act 1995, or

• (e) to a term of imprisonment of five years or more or a term of detention of five years or more.

7

A person who at any time in the last ten years has—

• (a) in the United Kingdom, the Channel Islands or the Isle of Man—

• (i) served any part of a sentence of imprisonment or a sentence of detention, or

• (ii) had passed on him a suspended sentence of imprisonment or had made in respect of him a suspended order for detention,

• (b) in England and Wales, had made in respect of him a community order under section 177 of the Criminal Justice Act 2003 or Chapter 2 of Part 9 of the Sentencing Code, a community rehabilitation order, a community punishment order, a community punishment and rehabilitation order, a drug treatment and testing order or a drug abstinence order, or

• (c) had made in respect of him any corresponding order under the law of Scotland, Northern Ireland, the Isle of Man or any of the Channel Islands or a service community order or overseas community order under the Armed Forces Act 2006.

8

For the purposes of this Part of this Schedule—

• (a) a sentence passed (anywhere) in respect of a service offence within the meaning of the Armed Forces Act 2006 is to be treated as having been passed in the United Kingdom, and

• (b) a person is sentenced to a term of detention if, but only if—

• (i) a court passes on him, or makes in respect of him on conviction, any sentence or order which requires him to be detained in custody for any period, and

• (ii) the sentence or order is available only in respect of offenders below a certain age,

and any reference to serving a sentence of detention is to be construed accordingly.

Requirement to issue guidance

British Sign Language interpreters for deaf jurors

9C

• (1) For the purpose of section 9B(2), in determining whether or not a person who is deaf should act as a juror, the judge must consider whether the assistance of a British Sign Language interpreter would enable that person to be capable of acting effectively as a juror.

• (2) Where the judge considers that the assistance of a British Sign Language interpreter would enable the person to be capable of acting effectively as a juror, the judge may appoint one or more interpreters to provide that assistance, and affirm the summons.

• (3) An interpreter appointed under subsection (2) may remain with the jury in the course of their deliberations in proceedings before a court for the purpose of enabling the person the interpreter is assisting to act effectively as a juror.

• (4) The interpreter must not interfere in or influence the deliberations of the jury (see section 20I as to the offence).

15A

• (1) A judge dealing with an issue may order the members of a jury trying the issue to surrender any electronic communications devices for a period.

• (2) An order may be made only if the judge considers that—

• (a) the order is necessary or expedient in the interests of justice, and

• (b) the terms of the order are a proportionate means of safeguarding those interests.

• (3) An order may only specify a period during which the members of the jury are—

• (a) in the building in which the trial is being heard,

• (b) in other accommodation provided at the judge's request,

• (c) visiting a place in accordance with arrangements made by the court, or

• (d) travelling to or from a place mentioned in paragraph (b) or (c).

• (4) An order may be made subject to exceptions.

• (5) It is a contempt of court for a member of a jury to fail to surrender an electronic communications device in accordance with an order under this section.

• (6) Proceedings for a contempt of court under this section may only be instituted on the motion of a court having jurisdiction to deal with it.

• (7) In this section, “electronic communications device” means a device that is designed or adapted for a use which consists of or includes the sending or receiving of signals that are transmitted by means of an electronic communications network (as defined in section 32 of the Communications Act 2003).

20A

• (1) It is an offence for a member of a jury that tries an issue in a case before a court to research the case during the trial period, subject to the exceptions in subsections (6) and (7).

• (2) A person researches a case if (and only if) the person—

• (a) intentionally seeks information, and

• (b) when doing so, knows or ought reasonably to know that the information is or may be relevant to the case.

• (3) The ways in which a person may seek information include—

• (a) asking a question,

• (b) searching an electronic database, including by means of the internet,

• (c) visiting or inspecting a place or object,

• (d) conducting an experiment, and

• (e) asking another person to seek the information.

• (4) Information relevant to the case includes information about—

• (a) a person involved in events relevant to the case,

• (b) the judge dealing with the issue,

• (c) any other person involved in the trial, whether as a lawyer, a witness or otherwise,

• (d) the law relating to the case,

• (e) the law of evidence, and

• (f) court procedure.

• (5) “The trial period”, in relation to a member of a jury that tries an issue, is the period—

• (a) beginning when the person is sworn to try the issue, and

• (b) ending when the judge discharges the jury or, if earlier, when the judge discharges the person.

• (6) It is not an offence under this section for a person to seek information if the person needs the information for a reason which is not connected with the case.

• (7) It is not an offence under this section for a person—

• (a) to attend proceedings before the court on the issue;

• (b) to seek information from the judge dealing with the issue;

• (c) to do anything which the judge dealing with the issue directs or authorises the person to do;

• (d) to seek information from another member of the jury, unless the person knows or ought reasonably to know that the other member of the jury contravened this section in the process of obtaining the information;

• (e) to do anything else which is reasonably necessary in order for the jury to try the issue.

• (8) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).

• (9) Proceedings for an offence under this section may only be instituted by or with the consent of the Attorney General.

20B

• (1) It is an offence for a member of a jury that tries an issue in a case before a court intentionally to disclose information to another member of the jury during the trial period if—

• (a) the member contravened section 20A in the process of obtaining the information, and

• (b) the information has not been provided by the court.

• (2) Information has been provided by the court if (and only if) it has been provided as part of—

• (a) evidence presented in the proceedings on the issue, or

• (b) other information provided to the jury or a juror during the trial period by, or with the permission of, the judge dealing with the issue.

• (3) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).

• (4) Proceedings for an offence under this section may not be instituted except by or with the consent of the Attorney General.

• (5) In this section, “the trial period” has the same meaning as in section 20A.

20C

• (1) It is an offence for a member of a jury that tries an issue in a case before a court intentionally to engage in prohibited conduct during the trial period, subject to the exceptions in subsections (4) and (5).

• (2) “Prohibited conduct” means conduct from which it may reasonably be concluded that the person intends to try the issue otherwise than on the basis of the evidence presented in the proceedings on the issue.

• (3) An offence under this section is committed whether or not the person knows that the conduct is prohibited conduct.

• (4) It is not an offence under this section for a member of the jury to research the case (as defined in section 20A(2) to (4)).

• (5) It is not an offence under this section for a member of the jury to disclose information to another member of the jury.

• (6) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).

• (7) Proceedings for an offence under this section may not be instituted except by or with the consent of the Attorney General.

• (8) In this section, “the trial period” has the same meaning as in section 20A.

20D

• (1) It is an offence for a person intentionally—

• (a) to disclose information about statements made, opinions expressed, arguments advanced or votes cast by members of a jury in the course of their deliberations in proceedings before a court, or

• (b) to solicit or obtain such information,

subject to the exceptions in sections 20E to 20G.

• (2) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).

• (3) Proceedings for an offence under this section may not be instituted except by or with the consent of the Attorney General.

20E

• (1) It is not an offence under section 20D for a person to disclose information in the proceedings mentioned in section 20D(1) for the purposes of enabling the jury to arrive at their verdict or in connection with the delivery of that verdict.

• (2) It is not an offence under section 20D for the judge dealing with those proceedings to disclose information—

• (a) for the purposes of dealing with the case, or

• (b) for the purposes of an investigation by a relevant investigator into whether an offence or contempt of court has been committed by or in relation to a juror in the proceedings mentioned in section 20D(1).

• (3) It is not an offence under section 20D for a person who reasonably believes that a disclosure described in subsection (2)(b) has been made to disclose information for the purposes of the investigation.

• (4) It is not an offence under section 20D to publish information disclosed as described in subsection (1) or (2)(a) in the proceedings mentioned in section 20D(1).

• (5) In this section—

• “publish” means make available to the public or a section of the public;

• “relevant investigator” means—a police force;the Attorney General;any other person or class of person specified by the Lord Chancellor for the purposes of this section by regulations made by statutory instrument.

• (6) The Lord Chancellor must obtain the consent of the Lord Chief Justice before making regulations under this section.

• (7) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

20F

• (1) It is not an offence under section 20D for a person to disclose information to a person listed in subsection (2) if—

• (a) the disclosure is made after the jury in the proceedings mentioned in section 20D(1) has been discharged, and

• (b) the person making the disclosure reasonably believes that—

• (i) an offence or contempt of court has been, or may have been, committed by or in relation to a juror in connection with those proceedings, or

• (ii) conduct of a juror in connection with those proceedings may provide grounds for an appeal against conviction or sentence.

• (2) Those persons are—

• (a) a member of a police force;

• (b) a judge of the Court of Appeal;

• (c) the registrar of criminal appeals;

• (d) a judge of the court where the proceedings mentioned in section 20D(1) took place;

• (e) a member of staff of that court who would reasonably be expected to disclose the information only to a person mentioned in paragraphs (b) to (d).

• (3) It is not an offence under section 20D for a member of a police force to disclose information for the purposes of obtaining assistance in deciding whether to submit the information to a judge of the Court of Appeal or the registrar of criminal appeals, provided that the disclosure does not involve publishing the information.

• (4) It is not an offence under section 20D for a judge of the Court of Appeal or the registrar of criminal appeals to disclose information for the purposes of an investigation by a relevant investigator into—

• (a) whether an offence or contempt of court has been committed by or in relation to a juror in connection with the proceedings mentioned in section 20D(1), or

• (b) whether conduct of a juror in connection with those proceedings may provide grounds for an appeal against conviction or sentence.

• (5) It is not an offence under section 20D for a judge of the Court of Appeal or the registrar of criminal appeals to disclose information for the purposes of enabling or assisting—

• (a) a person who was the defendant in the proceedings mentioned in section 20D(1), or

• (b) a legal representative of such a person,

to consider whether conduct of a juror in connection with those proceedings may provide grounds for an appeal against conviction or sentence.

• (6) It is not an offence under section 20D for a person who reasonably believes that a disclosure described in subsection (4) or (5) has been made to disclose information for the purposes of the investigation or consideration in question.

• (7) It is not an offence under section 20D for a person to disclose information in evidence in—

• (a) proceedings for an offence or contempt of court alleged to have been committed by or in relation to a juror in connection with the proceedings mentioned in section 20D(1),

• (b) proceedings on an appeal, or an application for leave to appeal, against a decision in the proceedings mentioned in section 20D(1) where an allegation relating to conduct of or in relation to a juror forms part of the grounds of appeal, or

• (c) proceedings on any further appeal or reference arising out of proceedings mentioned in paragraph (a) or (b).

• (8) It is not an offence under section 20D for a person to disclose information in the course of taking reasonable steps to prepare for proceedings described in subsection (7)(a) to (c).

• (9) It is not an offence under section 20D to publish information disclosed as described in subsection (7).

• (10) In this section—

• “publish” means make available to the public or a section of the public;

• “relevant investigator” means—a police force;the Attorney General;the Criminal Cases Review Commission;the Crown Prosecution Service;any other person or class of person specified by the Lord Chancellor for the purposes of this section by regulations made by statutory instrument.

• (11) The Lord Chancellor must obtain the consent of the Lord Chief Justice before making regulations under this section.

• (12) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

20G

• (1) It is not an offence under section 20D to solicit a disclosure described in section 20E(1) to (4) or section 20F(1) to (9).

• (2) It is not an offence under section 20D to obtain information—

• (a) by means of a disclosure described in section 20E(1) to (4) or section 20F(1) to (9), or

• (b) from a document that is available to the public or a section of the public.

20H

• (1) Section 12(1) and (2) (challenge for cause) apply to an interpreter appointed under section 9C(2) as those provisions apply to jurors.

• (2) Section 15A (surrender of electronic communications devices) applies to an interpreter appointed under section 9C(2) as it applies to members of a jury.

• (3) Section 20A (offence of research by jurors) applies to an interpreter appointed under section 9C(2) as it applies to members of a jury with the modification that the reference to “the trial period” in subsection (5), in relation to an interpreter, is the period—

• (a) beginning when the interpreter is appointed under section 9C(2), and

• (b) ending when the judge discharges the jury or, if earlier, when the judge discharges the interpreter.

• (4) Section 20B (offence of sharing research with other jurors) applies to an interpreter appointed under section 9C(2) as it applies to members of a jury, but the references in section 20B to “section 20A” and “the trial period” are to be read as references to “section 20A” and “the trial period” as modified by subsection (3) of this section.

• (5) In the following provisions of section 20F (exceptions to offence of disclosing jury deliberations), the references to the conduct of a juror include the conduct of an interpreter appointed under section 9C(2)—

• (a) subsection (1)(b)(ii);

• (b) subsection (4)(b);

• (c) subsection (5).

20I

• (1) It is an offence for an interpreter appointed under section 9C(2) intentionally to interfere in or influence the deliberations of the jury in proceedings before a court.

• (2) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).

• (3) Proceedings for an offence under this section may only be instituted by or with the consent of the Attorney General.

1A

A person for the time being resident in a hospital on account of mental disorder as defined by the Mental Health Act 1983.

6A

A person who at any time in the last ten years has been convicted of—

• (a) an offence under section 20A, 20B, 20C or 20D of this Act,

• (b) an offence under paragraph 5A, 5B, 5C or 5D of Schedule 6 to the Coroners and Justice Act 2009 (equivalent offences relating to jurors at inquests), or

• (c) an offence under paragraph 2, 3, 4 or 5 of Schedule 2A to the Armed Forces Act 2006 (equivalent offences relating to members of the Court Martial).