Attorney General v Scotcher

Attorney General v Scotcher

Section 8(1) of the Contempt of Court Act 1981 is clear and unambiguous: any disclosure by a juror of the content of jury deliberations is a contempt of court, regardless of motive. There is no exception for disclosures made in the belief that a miscarriage of justice has occurred. The rule is compatible with Article 6 ECHR, and the integrity of the jury system requires strict maintenance of confidentiality.

Parties
Claimant: HM Attorney-General; Respondent: Keith Richard Scotcher
Jurisdiction
England and Wales
Judgment Date
16 May 2003
Procedural Posture
Contempt of Court Application / Judgment
Outcome
Contempt of court established against the respondent.
Legal Topics
Contempt of Court, Jury Secrecy, Human Rights, Article 6 ECHR
Criminal Law Constitutional Law Contempt of Court Jury Secrecy Human Rights Article 6 ECHR

Case Brief

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Parties

HM Attorney-General

Claimant

Keith Richard Scotcher

Respondent

Procedural Posture

Contempt of Court Application / Judgment

Legal Issues

  1. 1 Whether disclosure by a juror of jury deliberations to a third party constitutes contempt under section 8(1) of the Contempt of Court Act 1981.
  2. 2 Whether section 8(1) is compatible with Article 6 of the European Convention on Human Rights.
  3. 3 Whether a juror's genuine belief in a miscarriage of justice creates an exception to section 8(1).

Ratio Decidendi

Section 8(1) of the Contempt of Court Act 1981 is clear and unambiguous: any disclosure by a juror of the content of jury deliberations is a contempt of court, regardless of motive. There is no exception for disclosures made in the belief that a miscarriage of justice has occurred. The rule is compatible with Article 6 ECHR, and the integrity of the jury system requires strict maintenance of confidentiality.

Court Disposition

Contempt of court established against the respondent.