The defendant was convicted of burglary. Four jurors had been asked to standby for the Crown and the defence challenged three jurors. The police had run checks against the jurors and passed the information on to the prosecution barrister. Some of the convictions disclosed would not have barred them from jury service. The defendant learnt of this activity and appealed on the ground that it amounted to a material irregularity in the trial.

 

Court of Appeal held that as it was a criminal offence to serve on a jury whilst disqualified, the police were only doing their job by checking the criminal background of jurors. Furthermore, the court held that if there were offences that were found that did not disqualify them from jury service, this could be disclosed to the prosecution. 

 

Back to lecture outline on Juries