PART 26JURORS
Contents of this Part | |
---|---|
Appeal against officer’s refusal to excuse or postpone jury service | rule 26.1 |
Excusal from jury service by court | rule 26.2 |
Provision of information for jurors | rule 26.3 |
Assessment of juror’s availability for long trial, etc. | rule 26.4 |
Surrender of electronic communication devices by jurors | rule 26.5 |
Appeal against officer’s refusal to excuse or postpone jury serviceI526.1
1
This rule applies where a person summoned for jury service in the Crown Court, the High Court or the county court wants to appeal against a refusal by an officer on the Lord Chancellor’s behalf—
a
to excuse that person from such service; or
b
to postpone the date on which that person is required to attend for such service.
2
The appellant must appeal to the court to which the appellant has been summoned.
3
The appellant must—
a
apply in writing, as soon as reasonably practicable; and
b
serve the application on the court officer.
4
The application must—
a
attach a copy of—
i
the jury summons, and
ii
the refusal to excuse or postpone which is under appeal; and
b
explain why the court should excuse the appellant from jury service, or postpone its date, as appropriate.
5
The court to which the appeal is made—
a
may extend the time for appealing, and may allow the appeal to be made orally;
b
may determine the appeal at a hearing in public or in private, or without a hearing;
c
may adjourn any hearing of the appeal; but
d
must not determine an appeal unless the appellant has had a reasonable opportunity to make representations in person.
[Note. See sections 9 and 9A of the Juries Act 1974592.
Where a person summoned for jury service—
a
fails to attend as required; or
b
after attending as required, when selected under rule 25.6—
i
is not available, or
ii
is unfit for jury service by reason of drink or drugs
that conduct may be punished as if it were a contempt of court. See section 20 of the Juries Act 1974 and rules 48.5 to 48.8 (contempt of court). The maximum penalty which the court can impose is a fine of £1,000.]
Excusal from jury service by courtI126.2
At any time before a juror completes the oath or affirmation, the court may exercise its power to excuse him or her from jury service for lack of capacity to act effectively as a juror because of an insufficient understanding of English—
a
on the court’s own initiative, or where the court officer refers the juror to the court; and
b
after enquiry of the juror.
[Note. See section 10 of the Juries Act 1974593.]
Provision of information for jurorsI226.3
The court officer must arrange for each juror to receive—
a
by such means as the Lord Chancellor directs, general information about jury service and about a juror’s responsibilities;
b
written notice of the prohibitions against—
i
research by a juror into the case,
ii
disclosure by a juror of any such research to another juror during the trial,
iii
conduct by a juror which suggests that that juror intends to try the case otherwise than on the evidence, and
iv
disclosure by a juror of the deliberations of the jury; and
c
written warning that breach of those prohibitions is an offence, for which the penalty is imprisonment or a fine or both, and may be a contempt of court.
[Note. See sections 20A, 20B, 20C and 20D of the Juries Act 1974594.
The Practice Direction sets out a form of notice for use in connection with this rule.]
Assessment of juror’s availability for long trial, etc.I326.4
1
The court may invite each member of a panel of jurors to provide such information, by such means and at such a time as the court directs, about—
a
that juror’s availability to try a case expected to last for longer than the juror had expected to serve; and
b
any association of that juror with, or any knowledge by that juror of—
i
a party or witness, or
ii
any other person, or any place, of significance to the case.
2
Where jurors provide information under this rule, the court may postpone the selection of the jury to try a case to allow each juror an opportunity to review and amend that information before that selection.
3
Using that information, the court may exercise its power to excuse a juror from selection as a member of the jury to try a case, but the court must not—
a
excuse a juror without allowing the parties an opportunity to make representations; or
b
refuse to excuse a juror without allowing that juror such an opportunity.
Surrender of electronic communication devices by jurorsI426.5
1
This rule applies where the court can order the members of a jury to surrender for a specified period any electronic communication devices that they possess.
2
The court may make such an order—
a
on application; or
b
on its own initiative.
3
A party who wants the court to make such an order must—
a
apply as soon as reasonably practicable;
b
notify each other party;
c
specify for what period any device should be surrendered; and
d
explain why—
i
the proposed order is necessary or expedient in the interest of justice, and
ii
the terms of the proposed order are a proportionate means of safeguarding those interests.
[Note. See section 15A of the Juries Act 1974595.]