Trial by Jury: Still a Lamp in the Dark?

Abstract

Under the current law, where evidence of jury impropriety has become known following a trial, the Court of Appeal cannot investigate jury deliberations to determine if the verdict is unsafe. This article considers whether the justifications for this rule, and the safeguards present in a jury trial, are sufficient to justify the prohibition. It concludes that they are not. The rule is indefensible, and investigations should be permitted in certain circumstances.