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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Criminal Division) Decisions >> Dodds v R. [2002] EWCA Crim 1328 (31st May, 2002) URL: https://www.bailii.org/ew/cases/EWCA/Crim/2002/1328.html Cite as: [2002] EWCA Crim 1328 |
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COURT OF APPEAL (CRIMINAL DIVISION)
ON APPEAL FROM THE CROWN COURT AT NEWCASTLE-UPON-TYNE
(The Recorder of Newcastle-upon-Tyne,
His Honour Judge David Hodson)
Strand, London, WC2A 2LL | ||
B e f o r e :
MRS JUSTICE RAFFERTY
and
MR JUSTICE HEDLEY
____________________
Raymond Dodds | Appellant | |
- and - | ||
The Queen | Respondent |
____________________
Smith Bernal Reporting Limited, 190 Fleet Street
London EC4A 2AG
Tel No: 020 7421 4040, Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
Mr David Perry instructed as Advocate to the Court
____________________
AS APPROVED BY THE COURT
Crown Copyright ©
Mr Justice Hedley:
“THE RECORDER: Mr Dodds, you have received this summons?
MR DODDS: Yes sir.
THE RECORDER: And you have come to answer the summons. You were warned yesterday as to what was likely to happen. Do I understand it that this morning you have been willing to go through the security screens?
MR DODDS: No, I’ve only been searched by simply leaving all personal possessions at home, no metal objects in my pockets.
THE RECORDER: So you have been through the arch, the security arch?
MR DODDS: Yes.
THE RECORDER: And are you willing to serve as a juror?
MR DODDS: As I told you yesterday, I still have very serious doubts about that. As I expressed to the Jury Central Summonsing Office, in response to the Jury Service summons, I am, in a letter, appealing the decision to compel me to be a juror.
THE RECORDER: Well, in my view, in all the circumstances, is that as you have surrendered this morning and answered this summons. I am going to fine you a modest sum for your failure to deal with the matter as you should have dealt with it yesterday. We all have views about certain organisations of the State, and we have to comply with them, and if we do not we must be prepared to take the civil consequences. I am going to fine you what I consider to be a modest sum. Are you in employment?
MR DODDS: I am not, no.
THE RECORDER: You are in receipt of benefits?
MR DODDS: Yes.
THE RECORDER: What are your benefits on a weekly or fortnightly basis?
MR DODDS: Fortnightly its £76, for myself and my daughter.
THE RECORDER: £76 for a fortnight.
MR DODDS: Yes.
THE RECORDER: Well, what I propose to do is to fine you £50. That will be payable at the rate of £5 per week, the first instalment in 28 days time.
So far as your Jury Service is concerned, I think the appropriate order for me to make is that you should be excused Jury Service.
Very well.”
1) Subject to the provisions of subsections (2) to (4) below-
a) If a person duly summoned under this Act fails to attend (on the first or on any subsequent day on which he is required to attend by the summons or by the appropriate officer) in compliance with the summons, or
b) If a person , after attending in pursuance of a summons, is not available when called on to serve as a juror, or is unfit for service by reason of drink or drugs,
he shall be liable to a fine not exceeding [level 3 on the standard scale].
2) An offence under subsection (1) above shall be punishable either on summary conviction or as if it were criminal contempt of court committed in the face of the court.
3) Subsection (1)(a) above shall not apply to a person summoned, otherwise than under section 6 of this Act, unless the summons was duly served on him on a date not later than fourteen days before the date fixed by the summons for his first attendance.
4) A person shall not be liable to be punished under the preceding provisions of this section if he can show some reasonable cause for his failure to comply with the summons, or for not being available when called on to serve, and those provisions have effect subject of the provisions of this Act about the withdrawal or alteration of a summons and about the granting of any excuse [for deferral].
“Subject to the following provisions of this section, a sentence imposed, or other order made, by the Crown Court when dealing with an offender may be varied or rescinded by the Crown Court within the period of 28 days beginning with the day on which the sentence or other order was imposed or made or, where subsection (2) below applies, within the time allowed by that subsection.”
1) The Juror must understand what he is said to have done wrong;
2) The court must be satisfied that the juror when (by act or omission) he did wrong, had the means of knowing that it was wrong;
3) The juror must understand what defences (if any) may be available to him;
4) The juror must have a reasonable opportunity to make any relevant representations he wishes;
5) If necessary the juror must have an opportunity to consider what representations he wishes to make once he has understood the issues involved.