Criminal Justice and Courts Bill (HL Bill 30)

(3) 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).

(4) Proceedings for an offence under this paragraph may not be
5instituted except by or with the consent of the Attorney General.

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

Jurors engaging in other prohibited conduct

5C (1) It is an offence for a member of a jury at an inquest intentionally to
10engage 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
15evidence presented at the inquest.

(3) An 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) 20It is not an offence under this paragraph for a member of the jury
to 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) 25Proceedings for an offence under this paragraph may not be
instituted 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 30In Schedule 6 to the Coroners and Justice Act 2009 (offences relating to
inquests), after Part 1 insert—

“ Part 1A Offence relating to jury’s deliberations

5D Offence

(1) 35It is an offence for a person intentionally—

(a) to 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) 40to solicit or obtain such information,

subject 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
5instituted 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
10or 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
15investigator 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
20(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) 25In this paragraph—

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

• “relevant investigator” means—

  (a)

  a police force;

  (b)

  30the 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
35Justice 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
40mentioned 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
45connection 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) 5a 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
10in 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) 15It is not an offence under paragraph 5D for a member of a police
force to disclose information for the purposes of obtaining
assistance 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) 20It 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
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 juror in connection with
25the inquest mentioned in paragraph 5D(1), or

(b) whether 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.

(5) It is not an offence under paragraph 5D for a person who
30reasonably believes that a disclosure described in sub-paragraph
(4) has been made to disclose information for the purposes of the
investigation.

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

(a) 35proceedings for an offence or contempt of court alleged to
have been committed by or in relation to a juror in
connection with the inquest mentioned in paragraph
5D(1),

(b) proceedings on an application to the High Court under
40section 13(1)(b) of the Coroners Act 1988 in connection
with the inquest mentioned in paragraph 5D(1) where an
allegation 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
45investigation arising out of proceedings mentioned in
paragraph (a) or (b).

(7) It 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) In this paragraph—

• “the Attorney General’s Office” means the Attorney General,
  5the Solicitor General or a member of staff of the Attorney
  General’s Office;

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

• “relevant investigator” means—

  (a)

  10a police force;

  (b)

  the Attorney General;

  (c)

  the Criminal Cases Review Commission;

  (d)

  the Crown Prosecution Service;

  (e)

  a senior coroner, area coroner or assistant coroner;

  (f)

  15any other person or class of person specified by the
  Lord Chancellor for the purposes of this paragraph by
  regulations.

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

5G 20Exceptions for soliciting disclosures or obtaining information

(1) It is not an offence under paragraph 5D to solicit a disclosure
described 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
25(4) or paragraph 5F(1) to (8), or

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

Saving for contempt of court

7 In Part 3 of Schedule 6 to the Coroners and Justice Act 2009 (offences relating
30to inquests: miscellaneous), at the end insert—

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

Section 61

SCHEDULE 10 Members of the Court Martial

35Part 1 Offences

1 The 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
the Court Martial and their deliberations.”

3 5After 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
Martial other than a judge advocate.

(2) 10References 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) In this Schedule, “the trial period”, in relation to a person specified
15as 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
the lay member is discharged by the judge advocate.

20Research 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
sub-paragraphs (5) and (6).

(2) 25A 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) The ways in which a person may seek information include—

(a) 30asking a question,

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

(c) visiting or inspecting a place or object,

(d) conducting an experiment, and

(e) 35asking 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) any other person involved in the trial, whether as a lawyer,
40a witness or otherwise,

(d) the law relating to the case,

(e) the law of evidence, and

(f) Court Martial procedure.

(5) It is not an offence under this paragraph for a person to seek
information if the person needs the information for a reason which
5is 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) 10to 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
15issue 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
20information;

(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
25punishment 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
30proceedings 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) 35the 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) 40evidence 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
45members 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
exceed two years.

Engaging in other prohibited conduct

4 (1) It is an offence for a lay member of the Court Martial for
5proceedings intentionally to engage in prohibited conduct during
the trial 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 finding
10on a charge or a decision about a sentence otherwise than on the
basis of the evidence presented in the proceedings.

(3) An 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
15the case that is the subject of the proceedings (as defined in
paragraph 2(2) to (4)).

(5) It 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
20punishment mentioned in the Table in section 164, but a sentence
of imprisonment imposed in respect of the offence must not
exceed two years.

Disclosing information about members’ deliberations etc

5 (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 the Court Martial for proceedings in the course of their
deliberations, or

(b) to solicit or obtain such information,

30subject to the exceptions in paragraphs 6 to 8.

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

(a) was 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
35discipline,

the person is liable to any punishment mentioned in the Table in
section 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
40paragraph—

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

(b) proceedings for the offence may not be instituted except by
45or with the consent of the Attorney General.

(4) The Crown Court has jurisdiction to try an offence under this
paragraph committed in England and Wales other than by a
person described in sub-paragraph (2), including an offence
committed in respect of deliberations of members of the Court
5Martial sitting outside England and Wales.

Disclosing information about members’ deliberations etc: initial exceptions

6 (1) It 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
10finding on a charge or pass a sentence, or

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

(2) It 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) 15for the purposes of an investigation by a relevant
investigator into whether an offence or contempt of court
has 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
20believes that a disclosure described in sub-paragraph (2)(b) has
been made to disclose information for the purposes of the
investigation.

(4) It is not an offence under paragraph 5 to publish information
disclosed as described in sub-paragraph (1) or (2)(a) in the
25proceedings mentioned in paragraph 5(1).

(5) In this paragraph—

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

• “relevant investigator” means—

  (a)

  30a police force listed in section 375;

  (b)

  the Attorney General;

  (c)

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

(6) 35The 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 etc: further exceptions

7 (1) It is not an offence under paragraph 5 for a person to disclose
40information to a person listed in sub-paragraph (2) if—

(a) the disclosure is made after the proceedings mentioned in
paragraph 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
member in connection with those proceedings, or

(ii) conduct of a lay member in connection with those
5proceedings may provide grounds for an appeal
against conviction or sentence.

(2) Those persons are—

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

(b) a judge of the Court of Appeal;

(c) 10a judge of the Court Martial Appeal Court;

(d) the registrar of criminal appeals;

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

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

(g) 15a 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) It is not an offence under paragraph 5 for a member of a police
force listed in section 375 to disclose information for the purposes
20of obtaining assistance in deciding whether to submit the
information to—

(a) a judge of the Court of Appeal,

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

(c) the registrar of criminal appeals,

25provided 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
Appeal, a judge of the Court Martial Appeal Court or the registrar
of criminal appeals to disclose information for the purposes of an
30investigation 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
with the proceedings mentioned in paragraph 5(1), or

(b) whether conduct of a lay member in connection with those
35proceedings 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
Appeal, a judge of the Court Martial Appeal Court or the registrar
of criminal appeals to disclose information for the purposes of
40enabling or assisting—

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

(b) a legal representative of such a person,

to consider whether conduct of a lay member in connection with
45those 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
believes 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.

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

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

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

(c) proceedings on any further appeal or reference arising out
15of proceedings mentioned in paragraph (a) or (b).

(8) It is not an offence under paragraph 5 for a person to disclose
information 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
20disclosed as described in sub-paragraph (7).

(10) In this paragraph—

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

• “relevant investigator” means—

  (a)

  25a police force listed in section 375;

  (b)

  the Attorney General;

  (c)

  the Criminal Cases Review Commission;

  (d)

  the Crown Prosecution Service;

  (e)

  the Service Prosecuting Authority;

  (f)

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

(11) 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: exceptions for soliciting
disclosures 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) 40It is not an offence under paragraph 5 to obtain information—

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

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