Responding to Bias Amongst Jurors

Abstract

This article commences by considering two decisions of the European Court of Human Rights, which ruled on the appropriateness of trial judges' responses to allegations of racism in juries, on hearing appeals alleging violation of Article 6(1) of the European Convention on Human Rights. Other relevant cases are also considered. The few factual differences between the two cases, the narrow majority in one, and the use of the same terminology as the common law to make a different test for bias may cause difficulty for trial judges in coping with such unforeseen allegations. The article considers the means whereby UK courts have previously, and might in the future, comply with European Convention requirements. It suggests that until that is done trial judges may over-respond to allegations with destructive effects on trial process.