Part 7

Trials on indictment without a jury

Discharge of jury because of jury tampering
46
1
This section applies where—
a
a judge is minded during a trial on indictment to discharge the jury, and
b
he is so minded because jury tampering appears to have taken place.
2
Before taking any steps to discharge the jury, the judge must—
a
inform the parties that he is minded to discharge the jury,
b
inform the parties of the grounds on which he is so minded, and
c
allow the parties an opportunity to make representations.
3
Where the judge, after considering any such representations, discharges the jury, he may make an order that the trial is to continue without a jury if, but only if, he is satisfied—
a
that jury tampering has taken place, and
b
that to continue the trial without a jury would be fair to the defendant or defendants;
but this is subject to subsection (4).
4
If the judge considers that it is necessary in the interests of justice for the trial to be terminated, he must terminate the trial.
5
Where the judge terminates the trial under subsection (4), he may make an order that any new trial which is to take place must be conducted without a jury if he is satisfied in respect of the new trial that both of the conditions set out in section 44 are likely to be fulfilled.
6
Subsection (5) is without prejudice to any other power that the judge may have on terminating the trial.
7
Subject to subsection (5), nothing in this section affects the application of section 43 or 44 in relation to any new trial which takes place following the termination of the trial.