Criminal Justice and Courts Bill (HC Bill 192)

Section 48

SCHEDULE 7 Juries at inquests

Jurors and electronic communications devices

1 After section 9 of the Coroners and Justice Act 2009 insert—

“9A 5Surrender of electronic communications devices by jurors

(1) A senior coroner holding an inquest with a jury may order the
members of the jury to surrender any electronic communications
devices for a period.

(2) An order may be made only if the senior coroner considers that—

(a) 10the 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 periods during which the members of the
15jury are—

(a) in the building in which the inquest is being heard,

(b) in other accommodation provided at the senior coroner’s
request,

(c) visiting a place in accordance with arrangements made for
20the purposes of the inquest, 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
25electronic 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 senior coroner having jurisdiction to
deal with it.

(7) 30In 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).

9B 35Surrender of electronic communications devices: powers of search etc

(1) This section applies where an order has been made under section 9A
in respect of the members of a jury.

(2) A coroners’ officer must, if ordered to do so by a senior coroner,
search a member of the jury in order to determine whether the juror
40has failed to surrender an electronic communications device in
accordance with the order.

(3) Subsection (2) does not authorise the officer to require a person to
remove clothing other than a coat, jacket, headgear, gloves or
footwear.

(4) If the search reveals a device which is required by the order to be
5surrendered—

(a) the officer must ask the juror to surrender the device, and

(b) if the juror refuses to do so, the officer may seize it.

(5) Subject to subsection (6), a coroners’ officer may retain an article
which was surrendered or seized under subsection (4) until the end
10of the period specified in the order.

(6) If a coroners’ officer reasonably believes that the device may be
evidence of, or in relation to, an offence, the officer may retain it until
the later of—

(a) the end of the period specified in the order, and

(b) 15the end of such period as will enable the officer to draw it to
the attention of a constable.

(7) A coroners’ officer may not retain a device under subsection (6)(b)
for a period of more than 24 hours from the time when it was
surrendered or seized.

(8) 20The Lord Chancellor may by regulations make provision as to—

(a) the provision of written information about coroners’ officers’
powers of retention to persons by whom devices have been
surrendered, or from whom devices have been seized, under
this section,

(b) 25the keeping of records about devices which have been
surrendered or seized under this section,

(c) the period for which unclaimed devices have to be kept, and

(d) the disposal of unclaimed devices at the end of that period.

(9) In this section—

• 30“electronic communications device” has the same meaning as in
  section 9A;

• “unclaimed device” means a device retained under this section
  which has not been returned and whose return has not been
  requested by a person entitled to it.”

2 (1) 35Part 4 of the Courts Act 2003 (court security officers) is amended as follows.

(2) In section 54A (powers in relation to jurors’ electronic communications
devices) (inserted by section 43 of this Act)—

(a) in subsection (1), after “1974” insert “or section 9A of the Coroners
and Justice Act 2009”,

(b) 40in subsection (2), after “judge” insert “or a senior coroner”, and

(c) for subsection (5) substitute—

“(5) In this section—

• “electronic communications device” means a device that
  is designed or adapted for a use which consists of or
  45includes the sending or receiving of signals that are
  transmitted by means of an electronic

  Criminal Justice and Courts BillPage 92

  communications network (as defined in section 32 of
  the Communications Act 2003);

• “senior coroner” has the same meaning as in the
  Coroners and Justice Act 2009.”

(3) 5In section 55(1A) (powers to retain articles surrendered or seized) (inserted
by section 43), after “1974” insert “or section 9A of the Coroners and Justice
Act 2009”.

Offences relating to research by jurors etc

3 Part 1 of Schedule 6 to the Coroners and Justice Act 2009 (offences relating
10to jurors at inquests) is amended as follows.

4 Before paragraph 1 insert—

“Serving while disqualified, failure to attend etc”.

5 After paragraph 5 insert—

“Research by jurors

5A (1) 15It is an offence for a member of a jury at an inquest to research the
case during the inquest period, subject to the exceptions in sub-
paragraphs (6) and (7).

(2) A person researches a case if (and only if) the person—

(a) intentionally seeks information, and

(b) 20when doing so, knows or or ought reasonably to know that
the information is or may be relevant to the inquest.

(3) The ways in which a person may seek information include—

(a) asking a question,

(b) searching an electronic database, including by means of
25the internet,

(c) visiting or inspecting a place or object,

(d) conducting an experiment, and

(e) asking another person to seek the information.

(4) Information relevant to the inquest includes information about—

(a) 30a person involved in events relevant to the inquest,

(b) the senior coroner dealing with the inquest,

(c) any other person who is involved in the inquest, whether
as a lawyer, a witness or otherwise,

(d) the law relating to the case,

(e) 35the law of evidence, and

(f) procedure at inquests.

(5) “The inquest period”, in relation to a member of a jury at an
inquest, is the period—

(a) beginning when the person is sworn to inquire into the
40case, and

(b) ending when the senior coroner discharges the jury or, if
earlier, when the senior coroner discharges the person.

(6) It is not an offence under this paragraph for a person to seek
information if the person needs the information for a reason which
is not connected with the case.

(7) It is not an offence under this paragraph for a person—

(a) 5to attend proceedings at the inquest;

(b) to seek information from the senior coroner dealing with
the case;

(c) to do anything which the senior coroner dealing with the
case directs or authorises the person to do;

(d) 10to seek information from another member of the jury,
unless the person knows or ought reasonably to know that
the other member of the jury contravened this paragraph
in the process of obtaining the information;

(e) to do anything else which is reasonably necessary in order
15for the jury to make a determination or finding in the case.

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

(9) Proceedings for an offence under this paragraph may only be
20instituted by or with the consent of the Attorney General.”

Sharing research with other jurors

5B (1) It is an offence for a member of a jury at an inquest intentionally to
disclose information to another member of the jury during the
inquest period if—

(a) 25the member contravened paragraph 5A in the process of
obtaining the information, and

(b) the information has not been provided at the inquest.

(2) Information has been provided at the inquest if (and only if) it has
been provided as part of—

(a) 30evidence presented at the inquest, or

(b) other information provided to the jury or a juror during the
inquest period by, or with the permission of, the senior
coroner dealing with the case.

(3) A person guilty of an offence under this paragraph is liable, on
35conviction on indictment, to imprisonment for a term not
exceeding 2 years or a fine (or both).

(4) Proceedings for an offence under this paragraph may not be
instituted except by or with the consent of the Attorney General.

(5) In this paragraph, “the inquest period” has the same meaning as in
40paragraph 5A.

Jurors engaging in other prohibited conduct

5C (1) It is an offence for a member of a jury at an inquest intentionally to
engage in prohibited conduct during the inquest period, subject to
the exceptions in sub-paragraphs (4) and (5).

(2) “Prohibited conduct” means conduct from which it may
reasonably be concluded that the person intends to make a
determination or finding otherwise than on the basis of the
evidence presented at the inquest.

(3) 5An offence under this paragraph is committed whether or not the
person knows that the conduct is prohibited conduct.

(4) It is not an offence under this paragraph for a member of the jury
to research the case (as defined in paragraph 5A(2) to (4)).

(5) It is not an offence under this paragraph for a member of the jury
10to disclose information to another member of the jury.

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

(7) Proceedings for an offence under this paragraph may not be
15instituted except by or with the consent of the Attorney General.

(8) In this paragraph, “the inquest period” has the same meaning as in
paragraph 5A.”

Offence relating to jury’s deliberations

6 In Schedule 6 to the Coroners and Justice Act 2009 (offences relating to
20inquests), after Part 1 insert—

“ Part 1A Offence relating to jury’s deliberations

5D Offence

(1) It is an offence for a person intentionally—

(a) 25to disclose information about statements made, opinions
expressed, arguments advanced or votes cast by members
of a jury in the course of their deliberations in proceedings
at an inquest, or

(b) to solicit or obtain such information,

30subject to the exceptions in paragraphs 5E to 5G.

(2) A person guilty of an offence under this paragraph 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 paragraph may not be
35instituted except by or with the consent of the Attorney General.

5E Initial exceptions

(1) It is not an offence under paragraph 5D for a person to disclose
information in the inquest mentioned in paragraph 5D(1) for the
purposes of enabling the jury to make findings or a determination
40or in connection with the delivery of findings or a determination.

(2) It is not an offence under paragraph 5D for the senior coroner
dealing with that inquest to disclose information—

(a) for the purposes of dealing with the inquest, or

(b) for the purposes of an investigation by a relevant
5investigator into whether an offence or contempt of court
has been committed by or in relation to a juror in the
inquest.

(3) It is not an offence under paragraph 5D for a person who
reasonably believes that a disclosure described in sub-paragraph
10(2)(b) has been made to disclose information for the purposes of
the investigation.

(4) It is not an offence under paragraph 5D to publish information
disclosed as described in sub-paragraph (1) or (2)(a) in the inquest
mentioned in paragraph 5D(1).

(5) 15In this paragraph—

• “publish” means make available to the public or a section of
  the public;

• “relevant investigator” means—

  (a)

  a police force;

  (b)

  20the Attorney General;

  (c)

  any other person or class of person specified by the
  Lord Chancellor for the purposes of this paragraph by
  regulations.

(6) The Lord Chancellor must obtain the consent of the Lord Chief
25Justice before making regulations under this paragraph.

5F Further exceptions

(1) It is not an offence under paragraph 5D for a person to disclose
information to a person listed in sub-paragraph (2) if—

(a) the disclosure is made after the jury at the inquest
30mentioned in paragraph 5D(1) has been discharged, and

(b) the person making the disclosure reasonably believes
that—

(i) an offence or contempt of court has been, or may
have been, committed by or in relation to a juror in
35connection with that inquest, or

(ii) conduct of a juror in connection with that inquest
may provide grounds for an application under
section 13(1)(b) of the Coroners Act 1988.

(2) Those persons are—

(a) 40a member of a police force;

(b) the Attorney General’s Office;

(c) a judge of the High Court;

(d) the Chief Coroner;

(e) the senior coroner who dealt with the inquest mentioned
45in paragraph 5D(1);

(f) a coroner’s officer or a member of staff assisting a senior
coroner who would reasonably be expected to disclose the

information only to a person mentioned in paragraphs (b)
to (e).

(3) It is not an offence under paragraph 5D for a member of a police
force to disclose information for the purposes of obtaining
5assistance in deciding whether to submit the information to a
person listed in sub-paragraph (2), provided that the disclosure
does not involve publishing the information.

(4) It is not an offence under paragraph 5D for the Attorney General’s
Office or a judge of the High Court to disclose information for the
10purposes of an investigation by a relevant investigator into—

(a) whether an offence or contempt of court has been
committed by or in relation to a juror in connection with
the inquest mentioned in paragraph 5D(1), or

(b) whether conduct of a juror in connection with that inquest
15may provide grounds for an application under section
13(1)(b) of the Coroners Act 1988.

(5) It is not an offence under paragraph 5D for a person who
reasonably believes that a disclosure described in sub-paragraph
(4) has been made to disclose information for the purposes of the
20investigation.

(6) It is not an offence under paragraph 5D for a person to disclose
information in evidence in—

(a) proceedings for an offence or contempt of court alleged to
have been committed by or in relation to a juror in
25connection with the inquest mentioned in paragraph
5D(1),

(b) proceedings on an application to the High Court under
section 13(1)(b) of the Coroners Act 1988 in connection
with the inquest mentioned in paragraph 5D(1) where an
30allegation relating to conduct of or in relation to a juror
forms part of the grounds for the application, or

(c) proceedings on any further appeal, reference or
investigation arising out of proceedings mentioned in
paragraph (a) or (b).

(7) 35It is not an offence under paragraph 5D for a person to disclose
information in the course of taking reasonable steps to prepare for
proceedings described in sub-paragraph (6)(a) to (c).

(8) It is not an offence under paragraph 5D to publish information
disclosed as described in sub-paragraph (6).

(9) 40In this paragraph—

• “the Attorney General’s Office” means the Attorney General,
  the Solicitor General or a member of staff of the Attorney
  General’s Office;

• “publish” means make available to the public or a section of
  45the public;

• “relevant investigator” means—

  (a)

  a police force;

  (b)

  the Attorney General;

  (c)

  the Criminal Cases Review Commission;

  Criminal Justice and Courts BillPage 97

  (d)

  the Crown Prosecution Service;

  (e)

  a senior coroner, area coroner or assistant coroner;

  (f)

  any other person or class of person specified by the
  Lord Chancellor for the purposes of this paragraph by
  5regulations.

(10) The Lord Chancellor must obtain the consent of the Lord Chief
Justice before making regulations under this paragraph.

5G Exceptions for soliciting disclosures or obtaining information

(1) It is not an offence under paragraph 5D to solicit a disclosure
10described in paragraph 5E(1) to (4) or paragraph 5F(1) to (8).

(2) It is not an offence under paragraph 5D to obtain information—

(a) by means of a disclosure described in paragraph 5E(1) to
(4) or paragraph 5F(1) to (8), or

(b) from a document that is available to the public or a section
15of the public.”

Saving for contempt of court

7 In Part 3 of Schedule 6 to the Coroners and Justice Act 2009 (offences relating
to inquests: miscellaneous), at the end insert—

“11 Nothing in paragraph 5A, 5B or 5C affects what constitutes
20contempt of court at common law.”

Section 49

SCHEDULE 8 Members of the Court Martial

Part 1 Offences

1 25The Armed Forces Act 2006 is amended as follows.

2 In Chapter 2 of Part 7 (trial by Court Martial: proceedings), after section 163
insert—

“163A Offences

Schedule 2A makes provision about offences relating to members of
30the Court Martial and their deliberations.”

3 After Schedule 2 insert—

Section 163A

“Schedule 2A Offences relating to members of the Court Martial

Interpretation

1 (1) In this Schedule, “lay member” means a member of the Court
5Martial other than a judge advocate.

(2) References in this Schedule to a member, or lay member, of the
Court Martial are to any member, or lay member, whether or not
the person is a person subject to service law or a civilian subject to
service discipline.

(3) 10In this Schedule, “the trial period”, in relation to a person specified
as a lay member of the Court Martial for proceedings, is the
period—

(a) beginning when the person is sworn to try the case, and

(b) ending when the proceedings terminate or, if earlier, when
15the lay member is discharged by the judge advocate.

Research by lay members

2 (1) It is an offence for a lay member of the Court Martial for
proceedings to research the case that is the subject of the
proceedings during the trial period, subject to the exceptions in
20sub-paragraphs (5) and (6).

(2) A person researches a case if (and only if) the person—

(a) intentionally seeks information, and

(b) when doing so, knows or ought reasonably to know that
the information is or may be relevant to the case.

(3) 25The ways in which a person may seek information include—

(a) asking a question,

(b) searching an electronic database, including by means of
the internet,

(c) visiting or inspecting a place or object,

(d) 30conducting an experiment, and

(e) asking another person to seek the information.

(4) Information relevant to the case includes information about—

(a) a person involved in events relevant to the case,

(b) the judge advocate for the proceedings,

(c) 35any other person involved in the trial, whether as a lawyer,
a witness or otherwise,

(d) the law relating to the case,

(e) the law of evidence, and

(f) Court Martial procedure.

(5) 40It is not an offence under this paragraph for a person to seek
information if the person needs the information for a reason which
is not connected with the case.

(6) It is not an offence under this paragraph for a person—

(a) to attend the proceedings in question;

(b) to seek information from the judge advocate for the
proceedings;

(c) 5to seek information from the court administration officer
or from a member of the Military Court Service;

(d) to do anything which the Judge Advocate General directs
or authorises the person to do;

(e) to do anything which the judge advocate dealing with the
10issue directs or authorises the person to do;

(f) to seek information from another lay member of the Court
Martial for the proceedings, unless the person knows or
ought reasonably to know that the other lay member
contravened this paragraph in the process of obtaining the
15information;

(g) to do anything else which is reasonably necessary in order
for the Court Martial to make a finding on a charge or pass
a sentence.

(7) A person guilty of an offence under this paragraph is liable to any
20punishment mentioned in the Table in section 164, but a sentence
of imprisonment imposed in respect of the offence must not
exceed two years.

Sharing research with other lay members

3 (1) It is an offence for a lay member of the Court Martial for
25proceedings intentionally to disclose information to another lay
member of that court for the proceedings during the trial period
if—

(a) the lay member contravened paragraph 2 in the process of
obtaining the information, and

(b) 30the information has not been provided to the Court Martial
during the course of the proceedings.

(2) Information has been provided to the Court Martial during the
course of the proceedings if (and only if) it has been provided as
part of—

(a) 35evidence presented in the proceedings,

(b) information provided to a lay member or the lay members
during the trial period by the court administration officer
or a member of the Military Court Service, or

(c) other information provided to a lay member or the lay
40members during the trial period by, or with the permission
of, the judge advocate dealing with the issue.

(3) A person guilty of an offence under this paragraph is liable to any
punishment mentioned in the Table in section 164, but a sentence
of imprisonment imposed in respect of the offence must not
45exceed two years.