Criminal Justice (Scotland) Act 1980

24 Seclusion of jury after retiral

(1) In section 153 of the 1975 Act (seclusion of jury after retiral)—

(a) in subsection (2), after the word " and " there shall be inserted the words " , except in so far as is provided for, or is made necessary, by an instruction under subsection (3A) below, "; and

(b) for subsection (3) there shall be substituted the following subsections—

“(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.”.

(2) In section 154 of the 1975 Act (oral verdicts), the words from " ; and provided also " to the end shall cease to have effect.