The secrets of the jury room could come under scrutiny after the government launched a consultation last week on whether the current ban on researching a jury's deliberations or investigating allegations of impropriety should be lifted.

The Department for Constitutional Affairs (DCA) consultation comes amid concerns that section 8 of the Contempt of Court Act 1981, which preserves confidentiality, could lead to potential miscarriages of justice. These concerns have increased since the incorporation of the European Convention on Human Rights into UK law via the Human Rights Act 1998


Last year, the House of Lords ruled that the confidentiality of jury discussions is 'essential' to the operation of the system.


The consultation seeks views on whether there should continue to be a bar on all research into jury deliberations and whether there are any circumstances in which it should be possible to investigate the jury's conduct in the interests of justice.


It puts forward four options: to leave the law as it is; to amend the law only to permit wider investigation into impropriety; to amend the Contempt of Court Act 1981 to allow research into deliberations; or to amend the law to allow both investigations and research.


The Lord Chancellor, Lord Falconer, said the government has an open mind on whether or not research into a jury's deliberations should be permitted. However, the DCA maintains that there should be no change to the law on investigating allegations of juror impropriety, arguing that these should continue to be handled by the courts on a case-by-case basis.


The consultation was welcomed by leading criminal law practitioners. Rodney Warren, director of the Criminal Law Solicitors Association, said: 'In making any decision whether for or against, it is right that the matter should be properly debated. It is important that people do not just say "you can't do it".'


Law Society President Edward Nally said: 'We support research into whether there is any evidence of gender or racial bias when juries reach their verdicts. The Law Society believes any research should be overseen by an advisory group of key stakeholders including consumer groups and the legal profession.'