Practice and Procedure

R v (1) JOHN CORT (2) BRIAN FARRELL (2011)

PUBLISHED June 14, 2011

[2011] EWCA Crim 1597

It was important that jurors exercised collective responsibility and therefore two jurors in the instant case were to be criticised for failing to report flirtatious conduct between a fellow juror and a police officer once they had become aware of it. It did not follow, however, that their failure to report meant that they were unable to try the case independently and objectively. The judge had been right to discharge the juror displaying partiality to the policeman but not the other two, and the resulting convictions were safe.

CA (Crim Div) (Hughes LJ (Vice President), Maddison J, Supperstone J)