Criminal Procedure (Scotland) Act 1975

153 Seclusion of jury, etc., after retiral. S

(1) As soon as the whole case for the prosecution and defence has been heard by the court, if any of the jurors has any doubt which he would like resolved, he shall raise the same in the presence of the accused in court before retiring to the jury room.

(2) When the jury retire to consider their verdict, the clerk of court shall enclose the jury in a room by themselves and [F1 , except in so far as is provided for, or is made necessary, by an instruction under subsection (3A) below,] neither he nor any other person shall be present with the jury after they are enclosed.

[F2 (3) Except in so far as is provided for, or is made necessary, by an instruction under subsection (3A) below, until the jury intimate that they are ready to return their verdict—

(a) no person shall visit the jury and no person (save the judge—

(i) in giving a direction, whether or not sought under paragraph (b) below; or

(ii) in response to a request made under that paragraph),

• shall communicate with them:

• Provided that the judge may, for the purposes of this subsection, authorise a person to act on his behalf; and

(b) no juror shall come out of the jury room other than to receive or seek a direction from the judge or to make a request—

(i) for an instruction under subsection (3A) (a), (c) or (d) below; or

(ii) regarding any matter in the cause (as, for example, to have made available for examination by them any production).

(3A) The judge may give such instructions as he considers appropriate as regards—

(a) the provision of meals and refreshments for the jury;

(b) the making of arrangements for overnight accommodation for the jury and for their continued seclusion if such accommodation is provided;

(c) the communication of a personal or business message, unconnected with any matter in the cause, from a juror to another person (or vice versa); or

(d) the provision of medical treatment, or other assistance, immediately required by a juror.]

(4) If any prosecutor or other person contravenes the provisions of this section, the accused shall be acquitted of the crime with which he is charged.

Textual Amendments

F1 Words inserted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), s. 24(1)(a)

F2 S. 153(3)(3A) substituted for s. 153(3) by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), s. 24(1)(b)