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Contempt of Court Act 2019

Provisions to promote and facilitate administration of justice - Provisions relating to juries

13: Jury members who investigate or research case are liable to fine

You could also call this:

"Jurors who do their own research on a case can be fined up to $5,000."

Illustration for Contempt of Court Act 2019

If you are a member of a jury, you must not look into things related to the trial on your own. This means you cannot search the internet, ask people questions, or visit places to find out more about the case. You should only consider the information given to you in court. If you do look into things on your own, and you know or should know it is about the trial, you might have to pay a fine of up to $5,000.

The judge will tell you what you did wrong and give you a chance to get legal advice before deciding what to do. The judge can hear evidence from anyone and then decide if you are guilty. If you are found guilty, the judge can fine you, but you will not be convicted of a crime. You can appeal the decision under Subpart 5 of Part 6 of the Criminal Procedure Act 2011.

Some important words to know are "information relevant to the trial", which means anything about the person on trial, the people involved, or the events that happened. "Investigate or research" means looking into something, like searching online or asking questions. The "trial period" is the time from when the jury is chosen to when the jury is finished with the case.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS156056.

Topics:
Crime and justice > Courts and legal help
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"Extra rules the court follows when dealing with someone who breaks a court rule"

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Part 2Provisions to promote and facilitate administration of justice
Provisions relating to juries

13Jury members who investigate or research case are liable to fine

  1. This section applies if a person who is a member of a jury constituted for a trial,—

  2. during the trial period, intentionally investigates or researches information relevant to the trial; and
    1. does so when the person knew or ought reasonably to have known it is or may be information relevant to the trial.

      1. This section does not apply if the person undertakes the investigation or research with the permission, or at the direction, of the trial Judge.

      2. If this section applies, the Judge—

      3. must explain or provide a written statement to the person that specifies the behaviour that the Judge believes may constitute a breach of subsection (1) and cause the person to be liable for a fine; and
        1. must give the person a reasonable opportunity to obtain legal advice; and
          1. may receive from any person any evidence or statement that the Judge considers relevant; and
            1. must make a finding under subsection (4).

              1. On finding beyond reasonable doubt that the person is guilty of the conduct described in subsection (1), the Judge—

              2. must not convict the person; but
                1. may impose on the person a fine not exceeding $5,000.

                  1. Subpart 5 of Part 6 of the Criminal Procedure Act 2011 (appeals against finding of or sentence for contempt of court) applies to any finding of guilt and to any fine under subsection (4).

                  2. In this section,—

                    information relevant to the trial means information about any of the following:

                    1. the defendant:
                      1. any other person involved in the events which are the subject of the trial:
                        1. any person involved in the trial, including a witness:
                          1. the events that are the subject of the trial:
                            1. the law relating to the trial:
                              1. the law of evidence

                                investigate or research includes—

                                1. ask a question or have a discussion (by any means) with a person who is not a jury member or the trial Judge:
                                  1. search any information source, including the Internet:
                                    1. visit or inspect a place or an object:
                                      1. conduct an experiment:
                                        1. ask another person to perform any of the actions listed above

                                          trial period means the period that—

                                          1. begins when a jury has been constituted under section 19 of the Juries Act 1981; and
                                            1. ends when the jury is discharged or, in the case of an individual jury member who is discharged during the trial, the member is discharged.