Criminal Justice and Courts Bill (HL Bill 43)

(b) the terms of the order are a proportionate means of
safeguarding those interests.

(3) An order may only specify a period during which the members of the
jury are—

(a) 5in the building in which the trial is being heard,

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

(c) visiting a place in accordance with arrangements made by the
court, or

(d) travelling to or from a place mentioned in paragraph (b) or (c).

(4) 10An 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
electronic communications device in accordance with an order under
this section.

(6) Proceedings for a contempt of court under this section may only be
15instituted on the motion of a court having jurisdiction to deal with it.

(7) In 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
20Communications Act 2003).”

61 Jurors and electronic communications devices: powers of search etc

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

(2) After section 54 insert—

“54A Powers in relation to jurors’ electronic communications devices

(1) 25This section applies where an order has been made under section 15A
of the Juries Act 1974 (surrender of electronic communications devices
by jurors) in respect of the members of a jury.

(2) A court security officer acting in the execution of the officer’s duty
must, if ordered to do so by a judge, search a member of the jury in
30order to determine whether the juror has 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
35surrendered—

(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) In this section, “electronic communications device” means a device that
is designed or adapted for a use which consists of or includes the
40sending or receiving of signals that are transmitted by means of an
electronic communications network (as defined in section 32 of the
Communications Act 2003).”

(3) In section 55 (powers to retain articles surrendered or seized)—

(a) after subsection (1) insert—

“(1A) Subject to subsection (2), a court security officer may retain an
article which was—

(a) surrendered in response to a request under section
554A(4)(a), or

(b) seized under section 54A(4)(b),

until the end of the period specified in the relevant order under
section 15A of the Juries Act 1974.”, and

(b) in subsection (2), for paragraph (a) substitute—

“(a) 10the time specified in subsection (1) or (1A) (as
appropriate), or”.

(4) In section 56(1)(a) (regulations about retention of articles)—

(a) in sub-paragraph (i), after “54(1)” insert “or 54A(4)(a)”, and

(b) in sub-paragraph (ii), after “54(2)” insert “or 54A(4)(b)”.

62 15Research by jurors

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

(2) For the heading of section 20 substitute “Offences: failure to attend, serving
while disqualified etc”.

(3) After section 20 insert—

“20A 20Offence: research by jurors

(1) It is an offence for a member of a jury that tries an issue in a case before
a court to research the case during the trial period, subject to the
exceptions in subsections (6) and (7).

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

(a) 25intentionally 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) asking a question,

(b) 30searching an electronic database, including by means of the
internet,

(c) visiting or inspecting a place or object,

(d) conducting an experiment, and

(e) asking another person to seek the information.

(4) 35Information relevant to the case includes information about—

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

(b) the judge dealing with the issue,

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

(d) 40the law relating to the case,

(e) the law of evidence, and

(f) court procedure.

(5) “The trial period”, in relation to a member of a jury that tries an issue,
is the period—

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

(b) ending when the judge discharges the jury or, if earlier, when
5the judge discharges the person.

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

(a) 10to attend proceedings before the court on the issue;

(b) to seek information from the judge dealing with the issue;

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

(d) to seek information from another member of the jury, unless the
15person knows or ought reasonably to know that the other
member of the jury contravened this section in the process of
obtaining the information;

(e) to do anything else which is reasonably necessary in order for
the jury to try the issue.

(8) 20A 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).

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

63 25Sharing research with other jurors

In the Juries Act 1974, after section 20A insert—

“20B Offence: sharing research with other jurors

(1) It is an offence for a member of a jury that tries an issue in a case before
a court intentionally to disclose information to another member of the
30jury during the trial period if—

(a) the member contravened section 20A in the process of obtaining
the information, and

(b) the information has not been provided by the court.

(2) Information has been provided by the court if (and only if) it has been
35provided as part of—

(a) evidence presented in the proceedings on the issue, or

(b) other information provided to the jury or a juror during the trial
period by, or with the permission of, the judge dealing with the
issue.

(3) 40A 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).

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

(5) In this section, “the trial period” has the same meaning as in section
20A.”

64 Jurors engaging in other prohibited conduct

In the Juries Act 1974, after section 20B insert—

“20C 5Offence: jurors engaging in other prohibited conduct

(1) It is an offence for a member of a jury that tries an issue in a case before
a court intentionally to engage in prohibited conduct during the trial
period, subject to the exceptions in subsections (4) and (5).

(2) “Prohibited conduct” means conduct from which it may reasonably be
10concluded that the person intends to try the issue otherwise than on the
basis of the evidence presented in the proceedings on the issue.

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

(4) It is not an offence under this section for a member of the jury to
15research the case (as defined in section 20A(2) to (4)).

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

(6) 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
20fine (or both).

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

(8) In this section, “the trial period” has the same meaning as in section
20A.”

65 25Disclosing jury’s deliberations

(1) In the Juries Act 1974, after section 20C insert—

“20D Offence: disclosing jury’s deliberations

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

(a) to disclose information about statements made, opinions
30expressed, arguments advanced or votes cast by members of a
jury in the course of their deliberations in proceedings before a
court, or

(b) to solicit or obtain such information,

subject to the exceptions in sections 20E to 20G.

(2) 35A 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 not be instituted
except by or with the consent of the Attorney General.

20E Offence of disclosing jury’s deliberations: initial exceptions

(1) It is not an offence under section 20D for a person to disclose
information in the proceedings mentioned in section 20D(1) for the
purposes of enabling the jury to arrive at their verdict or in connection
5with the delivery of that verdict.

(2) It is not an offence under section 20D for the judge dealing with those
proceedings to disclose information—

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

(b) for the purposes of an investigation by a relevant investigator
10into whether an offence or contempt of court has been
committed by or in relation to a juror in the proceedings
mentioned in section 20D(1).

(3) It is not an offence under section 20D for a person who reasonably
believes that a disclosure described in subsection (2)(b) has been made
15to disclose information for the purposes of the investigation.

(4) It is not an offence under section 20D to publish information disclosed
as described in subsection (1) or (2)(a) in the proceedings mentioned in
section 20D(1).

(5) In this section—

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

• “relevant investigator” means—

  (a)

  a police force;

  (b)

  the Attorney General;

  (c)

  25any other person or class of person specified by the Lord
  Chancellor for the purposes of this section by
  regulations made by statutory instrument.

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

(7) 30A statutory instrument containing regulations under this section is
subject to annulment in pursuance of a resolution of either House of
Parliament.

20F Offence of disclosing jury’s deliberations: further exceptions

(1) It is not an offence under section 20D for a person to disclose
35information to a person listed in subsection (2) if—

(a) the disclosure is made after the jury in the proceedings
mentioned in section 20D(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
40been, committed by or in relation to a juror in
connection with those proceedings, or

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

(2) 45Those persons are—

(a) a member of a police force;

(b) a judge of the Court of Appeal;

(c) the registrar of criminal appeals;

(d) a judge of the court where the proceedings mentioned in section
20D(1) took place;

(e) 5a member of staff of that court who would reasonably be
expected to disclose the information only to a person mentioned
in paragraphs (b) to (d).

(3) It is not an offence under section 20D for a member of a police force to
disclose information for the purposes of obtaining assistance in
10deciding whether to submit the information to a judge of the Court of
Appeal or the registrar of criminal appeals, provided that the
disclosure does not involve publishing the information.

(4) It is not an offence under section 20D for a judge of the Court of Appeal
or the registrar of criminal appeals to disclose information for the
15purposes 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 proceedings
mentioned in section 20D(1), or

(b) whether conduct of a juror in connection with those
20proceedings may provide grounds for an appeal against
conviction or sentence.

(5) It is not an offence under section 20D for a judge of the Court of Appeal
or the registrar of criminal appeals to disclose information for the
purposes of enabling or assisting—

(a) 25a person who was the defendant in the proceedings mentioned
in section 20D(1), or

(b) a legal representative of such a person,

to consider whether conduct of a juror in connection with those
proceedings may provide grounds for an appeal against conviction or
30sentence.

(6) It is not an offence under section 20D for a person who reasonably
believes that a disclosure described in subsection (4) or (5) has been
made to disclose information for the purposes of the investigation or
consideration in question.

(7) 35It is not an offence under section 20D 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 connection with
the proceedings mentioned in section 20D(1),

(b) 40proceedings on an appeal, or an application for leave to appeal,
against a decision in the proceedings mentioned in section
20D(1) where an allegation relating to conduct of or in relation
to a juror forms part of the grounds of appeal, or

(c) proceedings on any further appeal or reference arising out of
45proceedings mentioned in paragraph (a) or (b).

(8) It is not an offence under section 20D for a person to disclose
information in the course of taking reasonable steps to prepare for
proceedings described in subsection (7)(a) to (c).

(9) It is not an offence under section 20D to publish information disclosed
as described in subsection (7).

(10) In this section—

• “publish” means make available to the public or a section of the
  5public;

• “relevant investigator” means—

  (a)

  a police force;

  (b)

  the Attorney General;

  (c)

  the Criminal Cases Review Commission;

  (d)

  10the Crown Prosecution Service;

  (e)

  any other person or class of person specified by the Lord
  Chancellor for the purposes of this section by
  regulations made by statutory instrument.

(11) The Lord Chancellor must obtain the consent of the Lord Chief Justice
15before making regulations under this section.

(12) A statutory instrument containing regulations under this section is
subject to annulment in pursuance of a resolution of either House of
Parliament.

20G Offence of disclosing jury’s deliberations: exceptions for soliciting
20disclosures or obtaining information

(1) It is not an offence under section 20D to solicit a disclosure described in
section 20E(1) to (4) or section 20F(1) to (9).

(2) It is not an offence under section 20D to obtain information—

(a) by means of a disclosure described in section 20E(1) to (4) or
25section 20F(1) to (9), or

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

(2) In the Contempt of Court Act 1981, as it extends to England and Wales, section
8 (confidentiality of jury’s deliberations) is repealed.

(3) 30In section 8(1) of that Act, as it extends to Scotland and Northern Ireland, at the
beginning insert “In Scotland and Northern Ireland,”.

(4) In the heading of that section, at the end insert “: Scotland and Northern
Ireland”.

66 Juries at inquests

35Schedule 9 makes provision about juries at inquests and their deliberations.

67 Members of the Court Martial

Schedule 10 makes provision about members of the Court Martial and their
deliberations.

68 Supplementary provision

(1) 40In Schedule 1 to the Juries Act 1974 (persons disqualified for jury service), after

paragraph 6 insert—

“6A A person who at any time in the last ten years has been convicted
of—

(a) an offence under section 20A, 20B, 20C or 20D of this Act,

(b) 5an offence under paragraph 5A, 5B, 5C or 5D of Schedule 6 to
the Coroners and Justice Act 2009 (equivalent offences
relating to jurors at inquests), or

(c) an offence under paragraph 2, 3, 4 or 5 of Schedule 2A to the
Armed Forces Act 2006 (equivalent offences relating to
10members of the Court Martial).”

(2) In section 22 of the Juries Act 1974 (consequential amendments, savings and
repeals), at the beginning insert—

“(A1) Nothing in section 20A, 20B or 20C affects what constitutes contempt of
court at common law.”

15Other matters

69 Minor amendments

(1) In section 132(4A) of the Powers of Criminal Courts (Sentencing) Act 2000
(compensation orders: appeals etc), for “House of Lords” substitute “the
Supreme Court”.

(2) 20In section 13(6A)(a) of the Tribunals, Courts and Enforcement Act 2007 (rules
of court about when the Court of Session may grant permission to appeal
against a decision of the Upper Tribunal), after “principle” insert “or practice”.

Part 4 Judicial review

25Judicial review in the High Court and Upper Tribunal

70 Likelihood of substantially different outcome for applicant

(1) In section 31 of the Senior Courts Act 1981 (applications for judicial review),
after subsection (2) insert—

“(2A) The High Court—

(a) 30must refuse to grant relief on an application for judicial review,
and

(b) may not make an award under subsection (4) on such an
application,

if it appears to the court to be highly likely that the outcome for the
35applicant would not have been substantially different if the conduct
complained of had not occurred.”

(2) In that section, before subsection (4) insert—

“(3B) When considering whether to grant leave to make an application for
judicial review, the High Court—

(a) may of its own motion consider whether the outcome for the
applicant would have been substantially different if the conduct
complained of had not occurred, and

(b) must consider that question if the defendant asks it to do so.

(3C) 5If, on considering that question, it appears to the High Court to be
highly likely that the outcome for the applicant would not have been
substantially different, the court must refuse to grant leave.”

(3) In that section, after subsection (7) insert—

“(8) In this section “the conduct complained of”, in relation to an application
10for judicial review, means the conduct (or alleged conduct) of the
defendant that the applicant claims justifies the High Court in granting
relief.”

(4) In section 15 of the Tribunals, Courts and Enforcement Act 2007 (the Upper
Tribunal’s “judicial review” jurisdiction), after subsection (5) insert—

“(5A) 15In cases arising under the law of England and Wales, section 31(2A) of
the Senior Courts Act 1981 applies to the Upper Tribunal when
deciding whether to grant relief under subsection (1) as it applies to the
High Court when deciding whether to grant relief on an application for
judicial review.”

(5) 20In section 16 of the Tribunals, Courts and Enforcement Act 2007 (application
for relief under section 15(1)), before subsection (4) insert—

“(3B) In cases arising under the law of England and Wales, when considering
whether to grant permission to make the application, the tribunal—

(a) may of its own initiative consider whether the outcome for the
25applicant would have been substantially different if the conduct
complained of had not occurred, and

(b) must consider that question if the respondent asks it to do so.

(3C) In subsection (3B) “the conduct complained of” means the conduct (or
alleged conduct) of the respondent that the applicant claims justifies
30the tribunal in granting relief.

(3D) If, on considering the question mentioned in subsection (3B)(a) and (b),
it appears to the tribunal to be highly likely that the outcome for the
applicant would not have been substantially different, the tribunal
must refuse to grant permission.”

(6) 35In that section, after subsection (6) insert—

“(6A) In cases arising under the law of England and Wales, section 31(2A) of
the Senior Courts Act 1981 applies to the Upper Tribunal as regards the
making of an award under subsection (6) as it applies to the High Court
as regards the making of an award under section 31(4) of the Senior
40Courts Act 1981.”

71 Provision of information about financial resources

(1) In section 31(3) of the Senior Courts Act 1981 (applications for leave to apply
for judicial review)—

(a) after “unless” insert “—

“(a)”, and

(b) at the end insert “, and

(b) the applicant has provided the court with any
information about the financing of the application that is
5specified in rules of court for the purposes of this
paragraph.”

(2) In that section, after subsection (3) insert—

“(3A) The information that may be specified for the purposes of subsection
(3)(b) includes—

(a) 10information about the source, nature and extent of financial
resources available, or likely to be available, to the applicant to
meet liabilities arising in connection with the application, and

(b) if the applicant is a body corporate that is unable to demonstrate
that it is likely to have financial resources available to meet such
15liabilities, information about its members and about their ability
to provide financial support for the purposes of the
application.”

(3) In section 16(3) of the Tribunals, Courts and Enforcement Act 2007
(applications for permission or leave to apply for relief under section 15(1):
20Upper Tribunal’s “judicial review” jurisdiction)—

(a) after “unless” insert “—

“(a)”, and

(b) at the end insert “, and

(b) in cases arising under the law of England and Wales, the
25applicant has provided the tribunal with any
information about the financing of the application that is
specified in Tribunal Procedure Rules for the purposes
of this paragraph.”

(4) In that section, after subsection (3) insert—

“(3A) 30The information that may be specified for the purposes of subsection
(3)(b) includes—

(a) information about the source, nature and extent of financial
resources available, or likely to be available, to the applicant to
meet liabilities arising in connection with the application, and

(b) 35if the applicant is a body corporate that is unable to demonstrate
that it is likely to have financial resources available to meet such
liabilities, information about its members and about their ability
to provide financial support for the purposes of the
application.”

72 40Use of information about financial resources

(1) This section applies when the High Court, the Upper Tribunal or the Court of
Appeal is determining by whom and to what extent costs of or incidental to
judicial review proceedings are to be paid.

(2) The information to which the court or tribunal must have regard includes—

(a) 45information about the financing of the proceedings provided in
accordance with section 31(3)(b) of the Senior Courts Act 1981 or
section 16(3)(b) of the Tribunals, Courts and Enforcement Act 2007, and