Criminal Justice and Courts Bill (HL Bill 49)

69 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) 5This 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
10order 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
15surrendered—

(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
20sending 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) 25Subject to subsection (2), a court security officer may retain an
article which was—

(a) surrendered in response to a request under section
54A(4)(a), or

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

30until 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) the time specified in subsection (1) or (1A) (as
appropriate), or”.

(4) 35In 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)”.

70 Research by jurors

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

(2) 40For the heading of section 20 substitute “Offences: failure to attend, serving
while disqualified etc”.

(3) After section 20 insert—

“20A Offence: 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
5exceptions in subsections (6) and (7).

(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) 10The 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) 15conducting 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 dealing with the issue,

(c) 20any 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 procedure.

(5) 25“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
the judge discharges the person.

(6) 30It 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) to attend proceedings before the court on the issue;

(b) 35to 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
person knows or ought reasonably to know that the other
40member 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) A person guilty of an offence under this section is liable, on conviction
45on 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.”

71 Sharing research with other jurors

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

“20B 5Offence: 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
jury during the trial period if—

(a) the member contravened section 20A in the process of obtaining
10the 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
provided as part of—

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

(b) 15other 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) 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).

(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.”

72 25Jurors engaging in other prohibited conduct

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

“20C Offence: 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
30period, subject to the exceptions in subsections (4) and (5).

(2) “Prohibited conduct” means conduct from which it may reasonably be
concluded 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
35knows that the conduct is prohibited conduct.

(4) It is not an offence under this section for a member of the jury to
research 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
fine (or both).

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

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

73 Disclosing jury’s deliberations

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

“20D 10Offence: disclosing jury’s deliberations

(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 of a
jury in the course of their deliberations in proceedings before a
15court, or

(b) to solicit or obtain such information,

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

(2) 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).

(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
25information in the proceedings mentioned in section 20D(1) for the
purposes of enabling the jury to arrive at their verdict or in connection
with 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) 30for the purposes of dealing with the case, or

(b) for 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 juror in the proceedings
mentioned in section 20D(1).

(3) 35It is not an offence under section 20D for a person who reasonably
believes that a disclosure described in subsection (2)(b) has been made
to 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
40section 20D(1).

(5) In this section—

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

• “relevant investigator” means—

  Criminal Justice and Courts BillPage 74

  (a)

  a police force;

  (b)

  the Attorney General;

  (c)

  any other person or class of person specified by the Lord
  Chancellor for the purposes of this section by
  5regulations made by statutory instrument.

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

(7) A statutory instrument containing regulations under this section is
subject to annulment in pursuance of a resolution of either House of
10Parliament.

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

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

(a) the disclosure is made after the jury in the proceedings
15mentioned 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
been, committed by or in relation to a juror in
connection with those proceedings, or

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

(2) Those persons are—

(a) a member of a police force;

(b) 25a 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) a member of staff of that court who would reasonably be
30expected 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
deciding whether to submit the information to a judge of the Court of
35Appeal 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
purposes of an investigation by a relevant investigator into—

(a) 40whether 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
proceedings may provide grounds for an appeal against
45conviction 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) a 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
5proceedings may provide grounds for an appeal against conviction or
sentence.

(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
10consideration in question.

(7) It 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
15the proceedings mentioned in section 20D(1),

(b) proceedings 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) 20proceedings on any further appeal or reference arising out of
proceedings 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) 25It 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
  public;

• 30“relevant investigator” means—

  (a)

  a police force;

  (b)

  the Attorney General;

  (c)

  the Criminal Cases Review Commission;

  (d)

  the Crown Prosecution Service;

  (e)

  35any 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
before making regulations under this section.

(12) 40A 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
disclosures or obtaining information

(1) 45It 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
section 20F(1) to (9), or

(b) from a document that is available to the public or a section of the
5public.”

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

(4) 10In the heading of that section, at the end insert “: Scotland and Northern
Ireland”.

74 Juries at inquests

Schedule 13 makes provision about juries at inquests and their deliberations.

75 Members of the Court Martial

15Schedule 14 makes provision about members of the Court Martial and their
deliberations.

76 Supplementary provision

(1) In Schedule 1 to the Juries Act 1974 (persons disqualified for jury service), after
paragraph 6 insert—

“6A 20A 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) an offence under paragraph 5A, 5B, 5C or 5D of Schedule 6 to
the Coroners and Justice Act 2009 (equivalent offences
25relating 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
members of the Court Martial).”

(2) In section 22 of the Juries Act 1974 (consequential amendments, savings and
30repeals), at the beginning insert—

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

Reporting restrictions

77 Lifetime reporting restrictions in criminal proceedings for witnesses and
35victims under 18

(1) The Youth Justice and Criminal Evidence Act 1999 is amended as follows.

(2) After section 45 (power to restrict reporting of criminal proceedings involving

persons under 18) insert—

“45A Power to restrict reporting of criminal proceedings for lifetime of
witnesses and victims under 18

(1) This section applies in relation to—

(a) 5any criminal proceedings in any court (other than a service
court) in England and Wales, and

(b) any proceedings (whether in the United Kingdom or elsewhere)
in any service court.

(2) The court may make a direction (“a reporting direction”) that no matter
10relating to a person mentioned in subsection (3) shall during that
person’s lifetime be included in any publication if it is likely to lead
members of the public to identify that person as being concerned in the
proceedings.

(3) A reporting direction may be made only in respect of a person who is
15under the age of 18 when the proceedings commence and who is—

(a) a witness, other than an accused, in the proceedings;

(b) a person against whom the offence, which is the subject of the
proceedings, is alleged to have been committed.

(4) For the purposes of subsection (2), matters relating to a person in
20respect of whom the reporting direction is made include—

(a) the person’s name,

(b) the person’s address,

(c) the identity of any school or other educational establishment
attended by the person,

(d) 25the identity of any place of work of the person, and

(e) any still or moving picture of the person.

(5) The court may make a reporting direction in respect of a person only if
it is satisfied that—

(a) the quality of any evidence given by the person, or

(b) 30the level of co-operation given by the person to any party to the
proceedings in connection with that party’s preparation of its
case,

is likely to be diminished by reason of fear or distress on the part of the
person in connection with being identified by members of the public as
35a person concerned in the proceedings.

(6) In determining whether subsection (5) is satisfied, the court must in
particular take into account—

(a) the nature and alleged circumstances of the offence to which the
proceedings relate;

(b) 40the age of the person;

(c) such of the following as appear to the court to be relevant—

(i) the social and cultural background and ethnic origins of
the person,

(ii) the domestic, educational and employment
45circumstances of the person, and

(iii) any religious beliefs or political opinions of the person;

(d) any behaviour towards the person on the part of—

(i) an accused,

(ii) members of the family or associates of an accused, or

(iii) any other person who is likely to be an accused or a
witness in the proceedings.

(7) 5In determining that question the court must in addition consider any
views expressed—

(a) by the person in respect of whom the reporting restriction may
be made, and

(b) where that person is under the age of 16, by an appropriate
10person other than an accused.

(8) In determining whether to make a reporting direction in respect of a
person, the court must have regard to—

(a) the welfare of that person,

(b) whether it would be in the interests of justice to make the
15direction, and

(c) the public interest in avoiding the imposition of a substantial
and unreasonable restriction on the reporting of the
proceedings.

(9) A reporting direction may be revoked by the court or an appellate
20court.

(10) The court or an appellate court may by direction (“an excepting
direction”) dispense, to any extent specified in the excepting direction,
with the restrictions imposed by a reporting direction.

(11) The court or an appellate court may only make an excepting direction
25if—

(a) it is satisfied that it is necessary in the interests of justice to do
so, or

(b) it is satisfied that—

(i) the effect of the reporting direction is to impose a
30substantial and unreasonable restriction on the
reporting of the proceedings, and

(ii) it is in the public interest to remove or relax that
restriction.

(12) No excepting direction shall be given under subsection (11)(b) by
35reason only of the fact that the proceedings have been determined in
any way or have been abandoned.

(13) In determining whether to make an excepting direction in respect of a
person, the court or the appellate court must have regard to the welfare
of that person.

(14) 40An excepting direction—

(a) may be given at the time the reporting direction is given or
subsequently, and

(b) may be varied or revoked by the court or an appellate court.

(15) For the purposes of this section—

(a) 45criminal proceedings in a court other than a service court
commence when proceedings are instituted for the purposes of

Part 1 of the Prosecution of Offences Act 1985, in accordance
with section 15(2) of that Act;

(b) proceedings in a service court commence when the charge is
brought under section 122 of the Armed Forces Act 2006.

(16) 5In this section—

(a) “appellate court”, in relation to any proceedings in a court,
means a court dealing with an appeal (including an appeal by
way of case stated) arising out of the proceedings or with any
further appeal;

(b) 10“appropriate person” has the same meaning as in section 50;

(c) references to the quality of evidence given by a person are to its
quality in terms of completeness, coherence and accuracy (and
for this purpose “coherence” refers to a person’s ability in
giving evidence to give answers which address the questions
15put to the person and can be understood both individually and
collectively);

(d) references to the preparation of the case of a party to any
proceedings include, where the party is the prosecution, the
carrying out of investigations into any offence at any time
20charged in the proceedings.”

(3) In section 49 (offences under Chapter 4)—

(a) after subsection (1) insert—

“(1A) This section also applies—

(a) in England and Wales, Scotland and Northern Ireland, if
25a publication includes any matter in contravention of a
direction under section 45A(2) made by a service court;

(b) in England and Wales, if a publication includes any
matter in contravention of a direction under section
45A(2) made by a court other than a service court.”, and

(b) 30at the end insert—

“(7) Schedule 2A makes special provision in connection with the
operation of this section, so far as it relates to a publication that
includes matter in contravention of a direction under section
45A(2), in relation to persons providing information society
35services.”

(4) In section 50 (defences)—

(a) after subsection (6) insert—

“(6A) Where—

(a) a person is charged with an offence under section 49,
40and

(b) the offence relates to the inclusion of any matter in a
publication in contravention of a direction under section
45A(2),

it shall be a defence, unless subsection (6B) or (8) applies, to
45prove that the person in relation to whom the direction was
given had given written consent to the inclusion of that matter
in the publication.