An Angus juror caused a trial to collapse and wound up with a criminal record when she defied a sheriff’s instructions and carried out her own investigation into a criminal case.
Chanel Hogg, of Hawthorn Place in Arbroath, admitted the contempt of court at Forfar Sheriff Court.
Hogg could find herself behind bars after she told another member of the jury about her online probe into the case’s accused.
This forced the trial to collapse as it reached its latter stages.
As is customary, jurors had been repeatedly warned not to make their own inquiries and only to judge the evidence led in court.
A sheriff warned Hogg flouting legal instructions was “incredibly serious” and ordered background reports ahead of sentencing her.
Trial collapse
Hogg and 14 others had been sworn in as jurors at the Angus court on the afternoon of Monday February 3.
The trial related to a man accused of offending in 2020 in various locations in Tayside.
By Wednesday afternoon, the prosecution had finished leading evidence.
On Thursday, the trial had been expecting to hear defence evidence and closing speeches.
However, proceedings were curtailed when Hogg was reported to have made and shared her own enquiries.
The ongoing trial had to be deserted pro loco et tempore – meaning prosecutors can re-raise the case in future.
‘Incredibly serious’
Hogg swapped the jury box for the dock before her fellow jurors were dismissed.
Solicitor Michael Boyd said: “She admits she committed a contempt of court.
“She accepts she’s disclosed to another juror an inquiry about a previous conviction.”
Sheriff Mark Thorley deferred sentencing until March 6 for Hogg and told her: “I need to make a finding of contempt.
“This is a serious matter. This trial has now come to an end because of the investigation you’ve undertaken.
“It would not be fair for the accused with the knowledge you have found out.
“This is an incredibly serious matter.”
Warnings and consequences
Before any evidence is led in jury trials, jurors are given strict instructions by the presiding sheriff to make their findings purely on the evidence led in the courtroom.
The Scottish Courts and Tribunal Service’s online juror guide states: “Your task is to decide whether or not the charge(s) have been proven on the basis of the evidence that is presented to you in court.
“You must not make any investigations or enquiries of your own, only the evidence which has been presented to you in court is to be used in considering the verdict.”
In November 2023, a trial at Kirkcaldy Sheriff Court collapsed when juror Scott Nelson admitted carrying out his own detective work into the case.
He was later fined £750.
Last September, a juror at the High Court in Dundee was held in contempt for googling sentencing options during rape trial.
Julie Williamson told other jurors they should acquit the accused after learning the potential prison term and was subsequently fined £400 and removed from the jury.
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