“Contempt of Court: Juror Misconduct and Internet Publication”

Monday 1st September 2014 Written Statements

[The Lord Chancellor and Secretary of State for Justice (Chris Grayling)]

My noble Friend the Minister for civil justice and legal policy, Lord Faulks QC, made the following written ministerial statement on 30 July 2014:

I wish to make the following statement to the House announcing the Government’s response to the Law Commission’s report “Contempt of Court: Juror Misconduct and Internet Publication” which was published on 19 December 2013.

The Government broadly accept the Law Commission’s recommendations concerning juror misconduct and have introduced provisions in the Criminal Justice and Courts Bill that would implement recommendations to create new offences and provide powers for judges to require jurors to surrender electronic communications devices. The Government also accept that the Law Commission’s recommendations concerning strict liability contempt represent a balanced and measured proposal and two clauses were included in the Bill at introduction to implement the measure. However, as announced in the former Attorney-General’s written statement of 30 June to the House, the Government have decided not to pursue the measure and have introduced amendments to omit the clauses from the Bill.

The Government do not intend to take forward the recommendations concerning a specific defence for disclosure of juror deliberations to the Criminal Cases Review Commission or an exception to the disclosure offence allowing approved academic research. Decisions on whether to accept the recommendations concerning juror information and education will be deferred until after enactment of the Bill so that they can be considered alongside implementation of measures in the Bill.