Police, Crime, Sentencing and Courts Act 2022

Juries E+W

196 British Sign Language interpreters for deaf jurors E+W

(1) The Juries Act 1974 is amended as follows.

(2) After section 9B insert—

“9C British Sign Language interpreters for deaf jurors

(1) For the purpose of section 9B(2), in determining whether or not a person who is deaf should act as a juror, the judge must consider whether the assistance of a British Sign Language interpreter would enable that person to be capable of acting effectively as a juror.

(2) Where the judge considers that the assistance of a British Sign Language interpreter would enable the person to be capable of acting effectively as a juror, the judge may appoint one or more interpreters to provide that assistance, and affirm the summons.

(3) An interpreter appointed under subsection (2) may remain with the jury in the course of their deliberations in proceedings before a court for the purpose of enabling the person the interpreter is assisting to act effectively as a juror.

(4) The interpreter must not interfere in or influence the deliberations of the jury (see section 20I as to the offence).”

(3) After section 20G insert—

“20H Application of certain provisions to British Sign Language interpreters

(1) Section 12(1) and (2) (challenge for cause) apply to an interpreter appointed under section 9C(2) as those provisions apply to jurors.

(2) Section 15A (surrender of electronic communications devices) applies to an interpreter appointed under section 9C(2) as it applies to members of a jury.

(3) Section 20A (offence of research by jurors) applies to an interpreter appointed under section 9C(2) as it applies to members of a jury with the modification that the reference to “the trial period” in subsection (5), in relation to an interpreter, is the period—

(a) beginning when the interpreter is appointed under section 9C(2), and

(b) ending when the judge discharges the jury or, if earlier, when the judge discharges the interpreter.

(4) Section 20B (offence of sharing research with other jurors) applies to an interpreter appointed under section 9C(2) as it applies to members of a jury, but the references in section 20B to “section 20A” and “the trial period” are to be read as references to “section 20A” and “the trial period” as modified by subsection (3) of this section.

(5) In the following provisions of section 20F (exceptions to offence of disclosing jury deliberations), the references to the conduct of a juror include the conduct of an interpreter appointed under section 9C(2)—

(a) subsection (1)(b)(ii);

(b) subsection (4)(b);

(c) subsection (5).

20I Offence: interpreters interfering in or influencing jury deliberations

(1) It is an offence for an interpreter appointed under section 9C(2) intentionally to interfere in or influence the deliberations of the jury in proceedings before a court.

(2) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).

(3) Proceedings for an offence under this section may only be instituted by or with the consent of the Attorney General.”

(4) In section 22(A1) (offences which do not affect contempt of court at common law) for “or 20C” substitute “, 20C or 20I”.

Commencement Information

I1 S. 196 in force at 28.6.2022, see s. 208(5)(x)

197 Continuation of criminal trial on death or discharge of a juror E+W

In section 16 of the Juries Act 1974 (continuation of criminal trial on death or discharge of juror)—

(a) in subsection (1) for “subsections (2) and (3)” substitute “subsection (3)”, and

(b) omit subsection (2) (trials for offences punishable with death).

Commencement Information

I2 S. 197 in force at 28.6.2022, see s. 208(5)(x)