Criminal Justice and Courts Act 2015

69 Jurors and electronic communications devices

In the Juries Act 1974, after section 15 insert—

“15A Surrender of electronic communications devices

(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).”