§ 16. Mr. Molloyasked the Secretary of State for the Home Department if he will consider introducing legislation to provide that the original proceedings should be regarded as a nullity and a fresh trial ordered in cases where it is disclosed that pressure has been brought upon a juror from any source.
§ Mr. Roy JenkinsNo, Sir. I do not think this would be desirable or practicable.
§ Mr. MolloyWould not my right hon. Friend reconsider that reply? Would he not agree that after the conclusion of any trial where a verdict has been delivered, if it is subsequently revealed that during the process of such a trial it would have been disqualified from having satisfied the condition of justice having been seen to be done, that trial should be disqualified? Will my right hon. Friend give an assurance in regard to the details of the case I have sent to him that this should be evidence sufficient to warrant the investigation of what goes on in jury rooms?
§ Mr. JenkinsIn that particular case the matter was looked at carefully by the Court of Appeal. On the point generally, there would be great difficulties about what my hon. Friend is proposing. It would be indefensible, as I think the House would realise, if a juror alleged—possibly long after an acquittal—that he had reached his verdict because he had been interfered with, that the person who had been acquitted should be subjected to a new trial.
§ Mr. HoggDoes the Home Secretary accept that if a proposal of this kind were brought before the House there would be strong opposition to it from this side of the House?
§ Mr. JenkinsI do indeed. I fully understand my hon. Friend's feelings about his constituency problem, but the difficulties associated with the remedy he proposes are quite insuperable.