Concern over juror contempt and improper conduct is one of the factors that
prompted the Law Commission’s early review of Contempt of Court. This article
argues that any reform of the law of contempt in relation to juries and jury trials
should be based on rigorous and reliable empirical evidence, not anecdotal
evidence, exceptional cases or untested assumptions about juries. It reports the
first findings of recent research conducted with juries at Crown Courts examining
juror understanding of contempt, awareness of recent prosecutions of jurors,
willingness to report improper conduct, as well desire for deliberation guidance
and written judicial directions. Based on empirical evidence, this article argues
for a three-pronged approach to minimising juror contempt in the new media age.
It also argues that calls for the removal or relaxation of s.8 of the Contempt of
Court Act are misguided and based on a myth that the current law prevents detailed
jury research
