UK/Scottish/Welsh Law/scottish law

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Question
can the accused be acquitted of a crime if one member of the jury has stepped outside of the jury room for a very brief period of time

Answer
Alison,

There is no definitive answer to this question, especially as you have not provided the full 'facts', eg was it during the discussion or the decision-making (voting) process, etc etc.

if something 'suspicious' has occurred relating to a jury, the person with knowledge of same should report the matter to the Clerk of the Court, who would advise the Judge or Sheriff (High Court or Sheriff and Jury), who would confer with the prosecution (Advocate Depute/Procurator Fiscal) and defence (QC/advocate/agent), probably interview the juror and, possibly other juror(s) and then make a decision as to whether it affected the due process of law and the rights of the accused.

UK/Scottish/Welsh Law

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Volunteer


Bruce Fyfe

Expertise

Scottish Criminal Law - any area. NOT IMMIGRATION ISSUES. I am a retired, operational Police Officer with 30 years` service. As well as my own knowledge and training, I can draw on many other resources in the Scottish criminal justice system and welcome the challenge. NB Scottish, not English; criminal, not civil or immigration!

Experience

Please see information above.

Education/Credentials
Master of Arts degree; Police Basic and Advanced Police examinations.

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