Criminal Justice by Jarrod Gilbert

Author:Jarrod Gilbert
Language: eng
Format: epub
Tags: Criminology, Law
Publisher: Auckland University Press
Published: 2017-04-10T04:00:00+00:00

Juror Intimidation or Interference

A judge may make an order under s103 CPA, before or during the trial, that the case be heard by judge alone instead of by a jury if there is a real risk that jurors will be intimidated or otherwise interfered with. The section covers attempts by any person or group to affect the verdict, whether or not they are parties to the case. An order under the section has not yet been made in New Zealand, but in the one case where an order was unsuccessfully sought (R v Pritchard, 23/2/09, Dobson J, HC Napier CRI 2008-020-002387) it was said that the importance of the right to jury trial meant that an order should only be made where there was no other procedural option which would be likely to be effective to prevent the interference. Thus, a step such as changing the venue to avoid intimidation will normally be favoured over ordering a judge-alone trial. Either prosecution or defence may appeal against an order made under either of ss102 or 103, or a decision not to make an order under the section.

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