A judge may disclose information about a case to either deal with the case or to investigate whether an offence or contempt of court has been committed by or in relation to a juror (section 20E(2)(b)).
For example, sending a note about whether a majority verdict direction would be useful (section 20E(1)) Jurors may disclose information about deliberations for the purposes of allowing them to arrive at their verdict.There are however some express statutory exceptions: There is therefore a general prohibition on the disclosure of what goes on during jury deliberations, whether to the court or the wider public. It is an offence for a person intentionally ‘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 court’ ( Juries Act 1974, section 20D). It is perhaps also time to reconsider not only the influence of prejudice on deliberations but the prohibition more generally. The case of Usman has brought the topic of juror prejudice into sharp focus. In England and Wales, there is a wide-ranging prohibition on the disclosure of the content of jury deliberations. In light of the widely-discussed decision of the Court of Appeal in R v Usman EWCA Crim 360, regarding a Crown Court judge’s decision to discharge a juror who sang lyrics of the Fleetwood Mac song “Tell me lies, tell me sweet little lies”, second-six pupil Anthony James revisits the issues of juror prejudice and the confidentiality of jury deliberations.
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