尼古拉·莫纳亨, is a Principal Lecturer in 法律 在mg4355电子娱乐网址教授刑法和证据法. In this Academic Blog she takes us through the consequences of Jury tampering 而且 what it means in the criminal justice system:

陪审权是我国刑事司法制度的基本特征. Trial by a jury of 12 peers has famously been described as “the lamp that shows that freedom lives” (Lord Devlin, 由陪审团审判 (1956)). The jury is a revered institution that symbolises democratic engagement in the execution of the criminal justice system 而且 safeguards independence 而且 integrity in the trial process.

然而, in 2002, the Deputy Commissioner of the Metropolitan Police said that jury tampering was a “major problem” 而且 it was reported in the media that the Metropolitan Police alone was paying out £4.5 million per year on protecting juries. 据报道,这对该国的其他警察部队也是一个问题, where members of juries were offered bribes or pressured into reaching a not guilty verdict by the defendant or associates of the defendant (Goodchild, “Cases of Jury Tampering Soar”, 《mg娱乐网十大网址》, 29th 2002年12月). This raises a few questions about how the criminal courts tackle allegations of jury tampering 而且 the consequences of jury tampering for the trial itself, for the person tampering with the jury, 而且 for any jurors themselves.

What happens to the trial?

Gavel being hit on plaque

Section 44 of the Criminal Justice Act 2003 permits a trial to be conducted without a jury where there is a danger of jury tampering. 控方可以向主审法官提出申请, 如果法官认为满足以下两个条件, 法官必须下令审判在没有陪审团的情况下进行. The first condition is that there is evidence of a real 而且 present danger that jury tampering would take place. The second condition is that notwithst而且ing any steps which might reasonably be taken to prevent jury tampering (such as the provision of police protection), the likelihood that jury tampering would take place would be so substantial that it is in the interests of justice that the trial be conducted without a jury.

这一条款第一次被著名地用于 R v Twomey 而且 others [2009] EWCA Crim 1035. The defendants in this case were charged with serious offences relating to a professionally executed armed 抢劫 at a warehouse in Heathrow in 2004 during which £1.75 million was stolen. The charges included serious offences, 例如持有企图危及生命的枪支, 持有枪支并意图抢劫, 抢劫, 而且 conspiracy to rob. After allegations of jury tampering, the prosecution applied to have the case tried without 而且 jury. The initial application was refused, 但在上诉, Lord Chief Justice Judge ruled that the measures necessary to protect the jury would be unreasonable (these were estimated to be about £6 million 而且 involve 82 police officers). 2010年,审判由一名最初在皇家法院(Royal Courts of Justice)单独审理. 然而, the trial had to be moved to the Old Bailey for added security after one of the defendants absconded during an adjournment. The defendants were convicted by Mr Justice Treacy, who retired to consider his verdict for 12 days. 他们被判处长期监禁.

 

The scales of justice

Judge alone trials are generally not favoured by defendants who prefer to be tried by a jury of their peers. 法官被认为对案件比较强硬,比陪审团更有可能给被告定罪. One procedural peculiarity of a trial by judge alone is that judges will hear legal argument on matters which might affect whether the prosecution would be able to rely on certain types of evidence. 这些法律问题通常在陪审团缺席的情况下予以考虑, 但是法官会听取他们可能会裁定不被采纳的证据, before retiring to consider their verdict. The judge must then, somewhat artificially, 在考虑他们的判决时,把那些不可接受的证据抛到脑后. 而这也是地方法官必须处理的问题, the serious nature of the crimes tried by juries does raise questions about the practicalities of applying the rules of evidence in judge alone trials.   

对涉嫌篡改资料的人有何潜在影响?

There are a variety of possible options for a prosecutor seeking to charge someone in relation to allegations of jury tampering. Intimidating a juror would fall within the specific offence of intimidation or witnesses 而且 jurors under s.1994年《mg4355电子娱乐网址》第51条, 尽管许多报道的案件涉及s.51号案件似乎是对证人的恐吓而不是对陪审员的恐吓. The old common law offence of embracery used to cover attempts to influence a jury by offering inducements or bribes. This offence was abolished by s.17 of the Bribery Act 2010 而且 bribing a juror is more likely to be charged as perverting the course of justice or bribery under the Bribery Act 2010. 对陪审员进行干扰也会被视为藐视法庭.

Can a juror be guilty of anything? 

Jurors who accept a bribe might also find themselves guilty of criminal offence or in contempt of court. 值得庆幸的是, 陪审员收受贿赂的案例似乎极为罕见, 但在2018年, in the first case of its kind in Scotl而且, Catherine Leahy became the first juror to be prosecuted in relation to accepting a bribe in what the Procurator Fiscal, 利亚姆·墨菲, referred to as an “exceptionally rare” case  (皇冠的办公室 & Procurator Fiscal Service,陪审员入狱,19岁th 2018年4月). Leahy was a juror in a drug trafficking 而且 money laundering trial 而且 she was alleged to have received almost £3,000 in four instalments for agreeing to not properly carry out her role as a juror in the case. The police investigation against Leahy used covert audio surveillance to record her conversations with a family member at her home. 根据2010年《mg4355电子娱乐网址》,她被判有罪,并被监禁6年. After her conviction, 特恩布尔勋爵, High Court judge in Glasgow, 他对莱希说:“这种行为打击了司法系统的核心. It is matched in its gravity by its rareness”.

Intimidation by other jurors? 

There are also various cases of jury misconduct involving bullying 而且 intimidatory behaviour by jurors towards other jurors. In R v Abidi 而且 others [2016] EWCA Crim 119, after the jury retired to consider its verdict, the judge received a note in which one juror stated that he felt threatened by other jurors 而且 was concerned about this own safety. The difficulty with these types of case though is that deliberations are generally protected by common law secrecy rules, 但也许这是未来博客文章的主题.

最终, 以保障我国陪审制度的完整性,防止陪审制度受到侵蚀, there must be the potential for legal consequences to be pursued by the authorities in cases of jury tampering. 

 

尼古拉·莫纳亨 has published textbooks on Criminal 法律 (Oxford University Press) 而且 the 法律 of Evidence (Cambridge University Press) as well as other books. 她的研究领域包括陪审团不当行为和刑事审判, 她还发表了大量的期刊文章. 她是非执业大律师,并为中殿律师公会会员.

 

mg娱乐网十大网址的人文学院开设了法律课程