Justice: Academic Research on Jury Decision-making

Lord Blair of Boughton Excerpts

Wednesday 12th March 2014 Lords Chamber

Asked by

[Lord Blair of Boughton]

To ask Her Majesty’s Government whether they have any plans to reconsider the ban on academic research into the process of decision-making by juries in criminal trials under Section 8 of the Contempt of Court Act 1981.

[Lord Blair of Boughton (CB)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper. At the same time, I should make clear to the House that this Question is not topical, as would be normal for a fourth Question on a Wednesday, and it is not connected to any verdict in any recent trial.

[The Minister of State, Ministry of Justice (Lord Faulks) (Con)]

My Lords, it is the Government’s general position that juror deliberations should be confidential. The noble Lord will know that the Law Commission’s recent report, published in December last year, Contempt of Court (1): Juror Misconduct and Internet Publications, recommends a limited exception to the general prohibition to allow for academic research. The Government are considering that recommendation and will respond in due course.

[Lord Blair of Boughton]

I am grateful to the Minister for that considered reply. However, it is a fact that this provision in the Contempt of Court Act 1981 was not aimed at academic research but has had the effect of stifling it. We simply do not know how juries work. We have no objective or academic window into these rooms. Lord Devlin described juries as,

“the lamp that shows that freedom lives”.

If so, it is a lamp which is certainly being kept under a bushel. Is the Minister aware of any other area of public policy and expenditure in relation to which objective and academic-based research is illegal? If he is not, does he agree with me that, more than 30 years on from that Act, it must be possible in the internet age to design research that anonymises individual jurors and verdicts, and that it is now time to reconsider this legislation fully?

[Lord Faulks]

My Lords, at the present time, any researcher into this area has to obtain authorisation sponsorship from HM Courts & Tribunals Service and then apply to the data access panel, whereafter various safeguards, including anonymity and safeguards to ensure that the conviction or the innocence of a particular defendant is not called into question, will be made part of that condition. There is research. For example, Professor Cheryl Thomas has provided valuable research on this issue.