Criminal Justice and Courts Bill (HC Bill 4)

Criminal Justice and Courts BillPage 100

(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.

Criminal Justice and Courts BillPage 101

(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

Criminal Justice and Courts BillPage 102

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;

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    (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 52

SCHEDULE 9 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.

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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.

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(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.

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Engaging in other prohibited conduct

4 (1) It is an offence for a lay member of the Court Martial for
proceedings intentionally to engage in prohibited conduct during
the trial period, subject to the exceptions in sub-paragraphs (4)
5and (5).

(2) “Prohibited conduct” means conduct from which it may
reasonably be concluded that the person intends to make a finding
on a charge or a decision about a sentence otherwise than on the
basis of the evidence presented in the proceedings.

(3) 10An 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 person to research
the case that is the subject of the proceedings (as defined in
paragraph 2(2) to (4)).

(5) 15It is not an offence under this paragraph for a person to disclose
information to another lay member of the Court Martial.

(6) 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
20exceed two years.

Disclosing information about members’ deliberations etc

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

(a) to disclose information about statements made, opinions
expressed, arguments advanced or votes cast by members
25of the Court Martial for proceedings in the course of their
deliberations, or

(b) to solicit or obtain such information,

subject to the exceptions in paragraphs 6 to 8.

(2) Where a person guilty of an offence under this paragraph—

(a) 30was a member of the Court Martial for the proceedings, or

(b) at the time the offence was committed, was a person
subject to service law or a civilian subject to service
discipline,

the person is liable to any punishment mentioned in the Table in
35section 164, but any sentence of imprisonment imposed in respect
of the offence must not exceed two years.

(3) Where any other person is guilty of an offence under this
paragraph—

(a) the person is liable, on conviction on indictment, to
40imprisonment for a term not exceeding two years or a fine
(or both), and

(b) proceedings for the offence may not be instituted except by
or with the consent of the Attorney General.

(4) The Crown Court has jurisdiction to try an offence under this
45paragraph committed in England and Wales other than by a

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person described in sub-paragraph (2), including an offence
committed in respect of deliberations of members of the Court
Martial sitting outside England and Wales.

Disclosing information about members’ deliberations etc: initial exceptions

6 (1) 5It is not an offence under paragraph 5 for a person to disclose
information in the proceedings mentioned in paragraph 5(1)

(a) for the purposes of enabling the Court Martial to make a
finding on a charge or pass a sentence, or

(b) in connection with the delivery of the findings or sentence.

(2) 10It is not an offence under paragraph 5 for the judge advocate for
those proceedings to disclose information—

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

(b) for the purposes of an investigation by a relevant
investigator into whether an offence or contempt of court
15has been committed by or in relation to a lay member in the
proceedings mentioned in paragraph 5(1).

(3) It is not an offence under paragraph 5 for a person who reasonably
believes that a disclosure described in sub-paragraph (2)(b) has
been made to disclose information for the purposes of the
20investigation.

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

(5) In this paragraph—

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

  • “relevant investigator” means—

    (a)

    a police force listed in section 375;

    (b)

    the Attorney General;

    (c)

    30any 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
Justice of England and Wales before making regulations under
35this paragraph.

Disclosing information about members’ deliberations etc: further exceptions

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

(a) the disclosure is made after the proceedings mentioned in
40paragraph 5(1) terminate, 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 lay
45member in connection with those proceedings, or

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(ii) conduct of a lay member in connection with those
proceedings may provide grounds for an appeal
against conviction or sentence.

(2) Those persons are—

(a) 5a member of a police force listed in section 375;

(b) a judge of the Court of Appeal;

(c) a judge of the Court Martial Appeal Court;

(d) the registrar of criminal appeals;

(e) the judge advocate who dealt with the proceedings
10mentioned in paragraph 5(1);

(f) the court administration officer for the Court Martial;

(g) a member of the Military Court Service who would
reasonably be expected to disclose the information only to
a person mentioned in paragraphs (b) to (f).

(3) 15It is not an offence under paragraph 5 for a member of a police
force listed in section 375 to disclose information for the purposes
of obtaining assistance in deciding whether to submit the
information to—

(a) a judge of the Court of Appeal,

(b) 20a judge of the Court Martial Appeal Court, or

(c) the registrar of criminal appeals,

provided that the disclosure does not involve publishing the
information.

(4) It is not an offence under paragraph 5 for a judge of the Court of
25Appeal, a judge of the Court Martial Appeal Court or the registrar
of criminal appeals to disclose information for the purposes 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 lay member in connection
30with the proceedings mentioned in paragraph 5(1), or

(b) whether conduct of a lay member in connection with those
proceedings may provide grounds for an appeal against
conviction or sentence.

(5) It is not an offence under paragraph 5 for a judge of the Court of
35Appeal, a judge of the Court Martial Appeal Court or the registrar
of criminal appeals to disclose information for the purposes of
enabling or assisting—

(a) a person who was the defendant in the proceedings
mentioned in paragraph 5(1), or

(b) 40a legal representative of such a person,

to consider whether conduct of a lay member in connection with
those proceedings may provide grounds for an appeal against
conviction or sentence.

(6) It is not an offence under paragraph 5 for a person who reasonably
45believes that a disclosure described in sub-paragraph (4) or (5) has
been made to disclose information for the purposes of the
investigation or consideration in question.

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(7) It is not an offence under paragraph 5 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 lay member in
5connection with the proceedings mentioned in paragraph
5(1),

(b) proceedings on an appeal, or an application for leave to
appeal, against a decision in the proceedings mentioned in
paragraph 5(1) where an allegation relating to conduct of
10or in relation to a lay member forms part of the grounds of
appeal, or

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

(8) It is not an offence under paragraph 5 for a person to disclose
15information in the course of taking reasonable steps to prepare for
proceedings described in sub-paragraph (7)(a) to (c).

(9) It is not an offence under paragraph 5 to publish information
disclosed as described in sub-paragraph (7).

(10) In this paragraph—

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

  • “relevant investigator” means—

    (a)

    a police force listed in section 375;

    (b)

    the Attorney General;

    (c)

    25the Criminal Cases Review Commission;

    (d)

    the Crown Prosecution Service;

    (e)

    the Service Prosecuting Authority;

    (f)

    any other person or class of person specified by the
    Lord Chancellor for the purposes of this paragraph by
    30regulations.

(11) The Lord Chancellor must obtain the consent of the Lord Chief
Justice of England and Wales before making regulations under
this paragraph.

Disclosing information about members’ deliberations: exceptions for soliciting
35disclosures or obtaining information

8 (1) It is not an offence under paragraph 5 to solicit a disclosure
described in paragraph 6(1) to (4) or paragraph 7(1) to (9).

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

(a) by means of a disclosure described in paragraph 6(1) to (4)
40or paragraph 7(1) to (9), or

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

Saving for contempt of court

9 Nothing in paragraph 2, 3 or 4 affects what constitutes contempt
45of court at common law or what may be certified under section
311.