Law Lords' ruling could open up juries to public scrutiny

A landmark ruling in the House of Lords could pave the way for the secret world of juries to be opened up for public debate, the government has announced.

Following a ruling by the Law Lords, the "exceptional circumstances" in which a court can investigate the nature of jury deliberations is now open to question.

The 4-1 majority Law Lords' ruling has prompted Courts Minister Chris Leslie to announce that a consultation paper will be prepared to consider whether the government should allow research to be conducted on jury deliberations and juror impropriety.

However, the judges' ruling confirmed that jury deliberations must remain secret and that this is consistent with the "right to fair trial" in the European Convention on Human Rights (ECHR).

Mr Leslie said: "The finding is good news for two significant reasons. Firstly, it confirms that the defendants had a fair trial as enshrined in the European Convention on Human Rights.

"It is extremely important that the community, and those who work in the Criminal Justice System, have confidence in the decisions made by jurors.

"Secondly, it opens the door for the government to consult more broadly than it otherwise could have, on aspects of jury work.

"This is desirable in order to ensure that the system is working properly and that jurors feel they have everything they need to do their job properly."

While problems do exist within the jury system, such as the time some jurors have to wait before their case begins, individual jurors are nevertheless generally impressed with the way Judges perform in Court, the Department for Constitutional Affairs said.

Unlike some areas of the Criminal Justice System, public confidence in jury work is "high" and the specific issue of jury satisfaction with Judges has been confirmed in a government-commissioned report – 'Jurors' Perceptions, Understanding, Confidence and Satisfaction in the Jury System: A Study in Six Courts'.

In the report, judges were praised for their perceived "professionalism, consideration shown, particularly to jurors, their ability to summarise and clarify information and their impartiality".

Commenting on the report, Lord Justice Judge, the Deputy Chief Justice, said: "Jurors are generally extremely impressed with the way in which judges in the Crown Court perform their duties.

"The results of this research should contribute to increased public confidence in the judicial system. They represent informed views among those directly involved, who have had a significant personal opportunity to observe the system in action."

Every year about 480,000 people are summoned to serve on a jury.

(gmcg)