Petition No. 1 of 2008 By The Scottish Criminal Cases Review Commission [2010] ScotHC HCJAC_49 (28 May 2010)

Petition No. 1 of 2008 By The Scottish Criminal Cases Review Commission [2010] ScotHC HCJAC_49 (28 May 2010)

The common law rule of jury confidentiality applies to internal jury communications from empanelment, but the Scottish Criminal Cases Review Commission, as a statutory public body, is not required to seek court permission in every case before making enquiries of jurors regarding pre-seclusion conduct, provided it acts with circumspection and confines itself to extrinsic matters; intrinsic deliberations remain protected.

Citation
[2010] ScotHC HCJAC_49
Parties
Petitioner: Scottish Criminal Cases Review Commission; Respondent: Crown
Jurisdiction
Scotland
Judgment Date
28 May 2010
Procedural Posture
Petition for Opinion (reference) / Opinion Delivered by the Court
Outcome
Question answered in the negative; Commission may investigate pre-seclusion conduct subject to the intrinsic/extrinsic distinction.
Legal Topics
Jury Confidentiality, Investigation of Jurors, Powers of Scottish Criminal Cases Review Commission, Common Law of Jury Secrecy, Contempt of Court Act 1981
Criminal Law Procedure Jury Confidentiality Investigation of Jurors Powers of Scottish Criminal Cases Review Commission Common Law of Jury Secrecy Contempt of Court Act 1981

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Parties

Scottish Criminal Cases Review Commission

Petitioner

Crown

Respondent

Procedural Posture

Petition for Opinion (reference) / Opinion Delivered by the Court

Legal Issues

  1. 1 Does the common law of confidentiality applicable to jurors affect the ability of the Scottish Criminal Cases Review Commission to investigate allegations relating to the conduct of a juror or jurors prior to seclusion?
  2. 2 What is the scope of the common law rule of jury confidentiality in relation to pre-seclusion conduct?
  3. 3 Does the Commission require court permission to approach jurors?

Ratio Decidendi

The common law rule of jury confidentiality applies to internal jury communications from empanelment, but the Scottish Criminal Cases Review Commission, as a statutory public body, is not required to seek court permission in every case before making enquiries of jurors regarding pre-seclusion conduct, provided it acts with circumspection and confines itself to extrinsic matters; intrinsic deliberations remain protected.

Court Disposition

Question answered in the negative; Commission may investigate pre-seclusion conduct subject to the intrinsic/extrinsic distinction.

Orders

  • The Commission may investigate allegations relating to the conduct of a juror or jurors prior to seclusion, subject to the intrinsic/extrinsic distinction.
  • Where the nature of the enquiry is unclear, the Commission may seek the court's assistance under section 194D(3) of the 1995 Act.