Personation of a juror

Personation of a juror is a common law offence in England and Wales, where a person impersonates a juror in a civil or criminal trial.[1][2] As a common law offence it is punishable by unlimited imprisonment and/or an unlimited fine.[3] Personation of a juror also constitutes a contempt of court.[4]

There is no requirement to prove that the defendant had any corrupt motive or a specific intention to deceive other than the fact that they entered the jury-box and took the oath in someone else's name, and it is no defence that they did not know what they did to be wrong.[1][2] If a juror has been personated, the trial in which he sat can be voided.[1][5][6]

See also

References

  1. ^ a b c Halsbury's Laws of England, volume 26: "Criminal Law", paragraph 686 (5th edition)
  2. ^ a b Halsbury's Laws of England, volume 61: "Juries", paragraph 858 (5th edition)
  3. ^ Halsbury's Laws of England, volume 92: "Sentencing and Disposition of Offenders", paragraph 31 (5th edition)
  4. ^ Halsbury's Laws of England, volume 9(1): Contempt of Court", paragraph 434
  5. ^ Halsbury's Laws of England, volume 61: "Juries", paragraph 853 (5th edition)
  6. ^ Juries Act 1974, section 18(3)
  • R v Clark (1918) 82 JP 295, (1918) 26 Cox CC 138
  • R v Levy (1916) 32 TLR 238
  • R v Wakefield [1918] 1 KB 216, 13 Cr App R 56, CCA