A thematic review of appellate jury irregularity cases between 2023 and 2025: recurring jury problems

The jury is the cornerstone of the criminal justice system, yet allegations of jury irregularities feature in a surprising number of appellate decisions in England and Wales. Between 2023 and 2025, there were 27 reported cases in which at least one of the issues on appeal involved allegations of jury irregularities. Where such allegations are disclosed before the verdict has been delivered, the trial judge can investigate the allegation using the stepped procedure under the Criminal Practice Directions. However, as a general rule, allegations disclosed post-verdict cannot be investigated because jury deliberations are protected by the common law secrecy rule.

This paper thematically reviews the appellate jury irregularity cases reported since 2023 and identifies the recurring issues arising in them. The cases provide a useful lens to explore the distinction drawn between pre-verdict disclosure and post-verdict disclosure cases and the balance between the principles of collective responsibility and verdict integrity. The paper explores the approaches taken in jury irregularity cases and highlights the ongoing challenges facing the jury system. Reviewing reported cases can help to inform current debates about jury secrecy and the need for reform.