A Juror Using a mobile Phone: A Serious Material Irregularity Rendering a Conviction Unsafe?
| Published date | 01 December 2023 |
| DOI | http://doi.org/10.1177/00220183231216430 |
| Author | Neil Parpworth |
| Date | 01 December 2023 |
| Subject Matter | Case Notes |
A Juror Using a mobile Phone:
A Serious Material Irregularity
Rendering a Conviction Unsafe?
R v Parker [2023] EWCA Crim 753
Keywords
Jury retirement, possession of a mobile phone, irregularity, impact on trial, whether conviction
unsafe
The appellant had been charged with the offence of fraudulent trading which was alleged to cover a
period of 27 months. His trial had proceeded for several days without incident. At the start of the day
in question, as had been the case on previous days, jurors had put their phones, smartwatches, laptops,
tablets etc. into lockers. When they were sent out to deliberate later that morning, the jury bailiff
reminded them that they ought not to be in possession of any electronic device. All of the jurors con-
firmed that they did not have anything on them. After about an hour or so of deliberating, the jury
asked for a break so that they could go outside for some fresh air. The trial judge agreed to its
request. When outside under supervision, most of the jurors stood together, with the exception of
two smokers who distanced themselves from the others, and a male juror who stood alone. He was
observed by the bailiff to be on his mobile phone. When reminded by her that jurors ought not to
be in possession of their phones during deliberations and asked why he had not surrendered it at
the beginning of the day, the juror explained that he had earlier denied being in possession of it
because it was turned off. Whilst the jurors were climbing the stairs to return to the deliberation
room, the male juror was still on his phone. The jury bailiff sought advice from the trial judge in
respect of the matter. She subsequently advised the jury to continue their deliberations and empha-
sised the importance of surrendering any devices still in their possession. In addition to the juror’s
phone, another juror’s iPad was also handed in.
A note was sent to the juror by the trial judge for the purpose of making sure that no irregularity had
occurred. It asked him whether he had discussed the case with the person he was speaking to on the
phone, and to identify that person. The juror replied that he had been speaking to his wife and that he
had not discussed the case with her. Later that afternoon, in the absence of the jury, the trial judge
explained to counsel what had transpired. She indicated that in light of the juror’s responses to her ques-
tions, she was ‘not concerned overly that anything could have taken place to prejudice their delibera-
tions’. She also made it clear that she was now informing counsel as to the events ‘in case you
wanted it to go further’. After some discussion, counsel agreed that the judge did not need to make
any further enquiries.
The jury returned its verdict later that afternoon, finding the appellant guilty of the fraudulent trading
offence. His appeal against conviction rested on a single ground; that the events described above consti-
tuted a serious material irregularity in the trial process such that his conviction was unsafe.
HELD, DISMISSING THE APPEAL, that it was entirely normal practice for phones to be handed
in during court proceedings, including during retirement. It was a practical approach to avoid any diffi-
culty or any suggestions arising of misuse of electronic devices while the jury are in the court building.
Case Note
The Journal of Criminal Law
2023, Vol. 87(5-6) 432–435
© The Author(s) 2023
Article reuse guidelines:
sagepub.com/journals-permissions
DOI: 10.1177/00220183231216430
journals.sagepub.com/home/clj
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