PP 2016/0100 REPORT OF THE SELECT COMMITTEE ON THE OPERATION OF THE JURY SYSTEM 2015-2016 REPORT OF THE SELECT COMMITTEE ON THE OPERATION OF THE JURY SYSTEM 2015-2016 At the sitting of Tynwald Court in October 2015 it was resolved - That a committee of three Members be appointed with powers to take written and oral evidence pursuant to sections 3 and 4 of the Tynwald Proceedings Act 1876, as amended, to consider the operation of the jury system on the Isle of Man and to report by the sitting in June 2016. The powers, privileges and immunities relating to the work of a committee of Tynwald are those conferred by sections 3 and 4 of the Tynwald Proceedings Act 1876, sections 1 to 4 of the Privileges of Tynwald (Publications) Act 1973 and sections 2 to 4 of the Tynwald Proceedings Act 1984. Committee Membership Mr C R Robertshaw MHK (Douglas East) (Chairman) Mr P Karran MHK (Onchan) Mr W M Malarkey MHK (Douglas South) Copies of this Report may be obtained from the Tynwald Library, Legislative Buildings, Finch Road, Douglas IM1 3PW (Tel 01624 685520, Fax 01624 685522) or may be consulted at www.tynwald.org.im All correspondence with regard to this Report should be addressed to the Clerk of Tynwald, Legislative Buildings, Finch Road, Douglas IM1 3PW. Table of Contents I. THE INQUIRY ................................................................................................. 1 II. GENERAL ....................................................................................................... 3 THE ENGLISH SYSTEM 3 THE ISLE OF MAN SYSTEM 4 III. UNUSUALLY DIFFICULT CASES ........................................................................ 5 HANDLING COMPLEX CASES 5 OPTION OF JUDGE ONLY TRIALS 7 RECOMMENDATIONS 9 IV. COMPOSITION AND FUNCTIONING OF THE JURY ........................................... 10 THE SIZE OF THE JURY 10 Majority verdicts ........................................................................................................................... 14 PEREMPTORY CHALLENGES 18 V. GUIDANCE FOR JURIES .................................................................................. 21 THE POTENTIAL IMPACT OF SOCIAL MEDIA 21 CARE AND TRAINING OF JURORS 24 VI. SUMMONING JURORS .................................................................................. 25 THE USE OF THE ELECTORAL ROLL 25 EXEMPTIONS FROM SERVICE AND DEFERRAL 28 PAYMENT FOR SERVICE 30 VII. CRIMINAL LAW ............................................................................................. 31 VIII. SUMMARY OF CONCLUSIONS AND RECOMMENDATIONS ............................. 32 ORAL EVIDENCE ................................................................................................... 35 9TH FEBRUARY 2016 EVIDENCE OF HIS HONOUR DEEMSTER MONTGOMERIE AND MR S CREGEEN, CHIEF REGISTRAR 37 19TH FEBRUARY 2016 EVIDENCE OF MR J QUINN, ACTING ATTORNEY GENERAL, AND MR R BUTTERS, DIRECTOR OF PROSECUTIONS, ATTORNEY GENERAL’S CHAMBERS 67 4TH MARCH 2016 EVIDENCE OF MS V UNSWORTH, ADVOCATE, MR J STANLEY, ADVOCATE AND MS D JONES, ADVOCATE 99 11TH MARCH 2016 EVIDENCE OF MR SIMON CAIN, PRESIDENT, ISLE OF MAN LAW SOCIETY, AND EVIDENCE OF MR MARK LEWIN, DIRECTOR OF GOVERNMENT TECHNOLOGY SERVICES, AND MRS DELLA FLETCHER, EXECUTIVE DIRECTOR EXTERNAL RELATIONS, CABINET OFFICE 141 WRITTEN EVIDENCE ........................................................................................... 175 TH APPENDIX 1: EMAIL DATED 8 APRIL 2016 FROM J L M QUINN, HM ACTING ATTORNEY GENERAL 177 APPENDIX 2: LETTER DATED 23RD MARCH 2016 FROM MARK LEWIN, GOVERNMENT TECHNOLOGY SERVICES, AND DELLA FLETCHER, EXECUTIVE DIRECTOR, EXTERNAL RELATIONS, CABINET OFFICE 181 TH APPENDIX 3: LETTER DATED 18 MARCH 2016 FROM GARY ROBERTS, CHIEF CONSTABLE 187 TH APPENDIX 4: LETTER DATED 25 FEBRUARY 2016 FROM DEEMSTER ALISTAIR MONTGOMERIE 193 APPENDIX 5: SUBMISSION DATED 22ND FEBRUARY 2016 FROM IAIN MCDONALD, INFORMATION COMMISSIONER 197 TH APPENDIX 6: LETTER DATED 15 FEBRUARY 2016 FROM STEPHEN CREGEEN, CHIEF REGISTRAR 203 APPENDIX 7: NOTE TO THE SELECT COMMITTEE DATED 8TH FEBRUARY 2016 FROM J L M QUINN, HM ACTING ATTORNEY GENERAL 207 APPENDIX 8: LETTER DATED 14TH JANUARY 2016 FROM HON, JUAN WATTERSON MHK, MINISTER FOR HOME AFFAIRS 221 APPENDIX 9: SUBMISSION DATED 17TH DECEMBER 2015 FROM MARK LEWIN, DIRECTOR, GOVERNMENT TECHNOLOGY SERVICES 225 ND APPENDIX 10: LETTER DATED 22 NOVEMBER 2015 FROM MRS JOAN COOK 239 APPENDIX 11: LETTER DATED 20TH NOVEMBER 2015 FROM HON JUAN WATTERSON MHK, MEMBER OF THE HOUSE OF KEYS FOR RUSHEN 243 APPENDIX 12: LETTER DATED 20TH NOVEMBER 2015 FROM JUAN MOORE, CHIEF EXECUTIVE OFFICER, THE ISLE OF MAN LAW SOCIETY 251 APPENDIX 13: SUBMISSION DATED NOVEMBER 2015 FROM GRAHAM HURLEY 255 APPENDIX 14: SUBMISSION DATED 11TH NOVEMBER 2015 FROM MATTHEW WARREN 261 To: The Hon. Clare M Christian MLC, President of Tynwald, and the Hon. Council and Keys in Tynwald assembled REPORT OF THE SELECT COMMITTEE ON THE OPERATION OF THE JURY SYSTEM 2015-2016 I. THE INQUIRY 1. At its sitting in October 2015 Tynwald resolved: That a committee of three Members be appointed with powers to take written and oral evidence pursuant to sections 3 and 4 of the Tynwald Proceedings Act 1876, as amended, to consider the operation of the jury system on the Isle of Man and to report by the sitting in June 2016. 2. Members appointed to the Committee were: Mr Robertshaw (who had proposed the motion in Tynwald Court); Mr Malarkey; and Mr Karran. 3. The Committee took written evidence from: His Honour Deemster Montgomerie; the Acting Attorney General; Mr Juan Watterson MHK, both as the Minister for Home Affairs on behalf of the Department and, separately, in a personal capacity; Mr Stephen Cregeen, the Chief Registrar; Mr Mark Lewin and Mrs Della Fletcher; Mr Iain McDonald, the Information Commissioner; Mr Juan Moore (on behalf of the Isle of Man Law Society); Mrs Joan Cook; Mr Graham Hurley; Mr Matthew Warren; and Mr C M Quirk. The Committee also received papers from the Criminal Justice Board, which had previously been prepared for another inquiry. 1 4. The Committee gave visiting Deemsters and the Isle of Man Constabulary an opportunity to send in written evidence, although none was received (other than a letter from the Chief Constable about the use of social media by the police). 5. The Committee took oral evidence from: His Honour Deemster Montgomerie, with Mr Stephen Cregeen, Chief Registrar; the Acting Attorney General and Mr Richard Butters, Director of Prosecutions; Ms Vicki Unsworth, Mrs Dawn Jones and Mr Jason Stanley, advocates; Mr Simon Cain, President of the Law Society; and Mr Mark Lewin, Director of Government Technology Services, and Mrs Della Fletcher, Executive Director – External Relations, both of the Cabinet Office. The Chief Constable gave oral evidence in private. 6. Members of the Committee also attended the preparation and swearing in of a jury in a case before the Court of General Gaol Delivery and had a very helpful initial informal meeting with the First Deemster, Judge of Appeal Tattersall QC, Deemster Montgomerie and Mr Stephen Cregeen, Chief Registrar. 7. The Committee is grateful to all those who assisted it in the inquiry. 8. The Committee is generally very supportive of the jury system and the central role which it gives to members of the public in deciding issues of guilt. However, there are a number of areas of concern, some arising from changes in ordinary life such as the advent of the widespread use of social media, which need careful consideration. We therefore agreed to base the inquiry on the following specific policy issues: Unusually difficult cases o Handling complex cases; o Judge only trials; Composition of the jury o The size of the jury; o Majority verdicts; o Peremptory challenges; Guidance o The potential impact of social media; o Support for the jury by way of advice; 2 o Jury training. Summoning juries o The use of the Electoral Roll; o Exemptions from service and circumstances in which people may decline to serve; o Payment for service. II. GENERAL 9. Juries on the Isle of Man generally follow the English common law tradition in the way in which they are formed and operate. However, there are some notable differences in the law governing juries on the Island, in particular: in the number of those required to serve on a jury; who is eligible to serve; and whether a majority verdict is permitted. The English system 10. Before 2000, jurors in England were selected locally by the summoning officer of the court centre, but a Central Summoning Bureau has now been established at Blackfriars Crown Court. The Bureau operates on a national basis and randomly select names from the electoral register by computer, taking in to account the number of prospective jurors needed for each area. It is then responsible for issuing summonses and for dealing with applications for excusal and deferral. 11. The people selected in this way then receive summonses to attend the Crown Court at specified times. The jury for an individual case will be selected from the panel consisting of all the persons summoned, if the defendant has not pleaded guilty. The required number of jurors (twelve) is selected from the jury panel by ballot, conducted in open court. After an opportunity for challenges, the jury is sworn and the trial can begin. 12. The law on juries in England was substantially changed when Schedule 1, Part 1 of the Juries Act 1974 was amended to widen the range of people who are able to serve on a jury. Now, generally anyone who is on the electoral register and