Skip to main content

Contempt of Court

Volume 586: debated on Tuesday 14 October 2014

The Criminal Justice and Courts Bill, which is currently being considered in another place, will make it a criminal offence for jurors to engage in conduct which is currently a contempt of court. By making juror misconduct a criminal offence, it will reinforce the message that such behaviour is unacceptable and threatens trial by jury.

Will my right hon. and learned Friend explain what measures are taken to enforce the existing law, and whether additional measures will be taken to enforce the law as it is about to be amended?

At present it is for the Attorney-General to prosecute cases of contempt of court in these instances, and there have been five prosecutions of jurors since 2010. It is not that we anticipate a large number of additional prosecutions as a result of this change, but rather that we want the message to be very clear to jurors that there are consequences should they decide not to abide by their oath, and that there is wider damage that may accrue to the concept of trial by jury if jurors do not abide by their oath. That is what we seek to achieve.

What proposals does my right hon. and learned Friend have to ensure that jurors do not find themselves in contempt of court for use of social media and the internet?

I think my hon. Friend is referring to an emerging difficulty that we face: not only do we wish jurors to abide by their oath—the oath is very clear, and they should be fully cognisant of what it requires of them—but we need to address the fact that in the age of social media, people can get themselves into trouble without realising it. That is why, beyond even jurors, we have tried to set out clearly in the social media arena what contempt of court might involve so that people can avoid it. We have sent out on social media clear messages, I hope, as to what should be avoided, and we will continue to look for ways to do that.

The Attorney-General has admitted that there have been only five such prosecutions, but will he look more thoroughly at the wonderful people who come and do jury service and are treated abominably, both in my constituency and throughout the country—kept waiting, never knowing what is going on, sent home and brought back? Why do we not improve their situation?

I agree entirely that we should pay tribute to all those who engage in jury service. The hon. Gentleman is right that it is a tiny minority of those jurors who cause any difficulty at all, and it is also right, as he says, that we should treat those jurors as well as we can. Having practised in the criminal courts, I know that there has long been an issue with jurors being kept hanging around and not given clear information as to what is going to happen next. Some of that, as he will appreciate, is a simple function of the uncertainties that criminal trials bring about, but I will certainly speak to my right hon. Friend the Justice Secretary about how we can do better for jurors. The hon. Gentleman is right—they deserve the best treatment we can give them.

The hon. Member for Shipley (Philip Davies) has been kept waiting, but his moment has arrived.