Practice and Procedure

R v SMITH (NO.2) : R v MERCIECA (2005)

PUBLISHED February 17, 2005

When a juror had sent a letter to the judge, in good faith, criticising the conduct of other members of the jury, the judge was not obliged as a matter of law to question the members of the jury before deciding whether a lawful verdict could be achieved by the giving of a further direction rather than by discharging the jury. The position was no different if counsel for the accused had assented to the judge giving the further direction.

[2005] UKHL 12