Jury secrecy, contempt of court and appellate review

Abstract

In stark contrast to the transparency of most procedures characteristic of the justice system, decisions by juries are made in private and the reasons for their decisions are kept secret. The jury secrecy rule is considered essential to the proper administration of justice in the context of trial by jury.

This paper is focused on the application of the rule after the delivery of the jury’s verdict and the impact of the rule on investigations into allegations of juror misconduct. It responds to the recent suggestion from the New Zealand Law Commission that a statutory offence applying to persons who disclose matters relating to jury deliberations be established and with a corresponding defence that would allow disclosure after delivery of the jury’s verdict in circumstances where juror misconduct may have resulted in a miscarriage of justice.