“Personation of a juror”的意思、由来-开放百科全书

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Personation of a juror

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Personation of a juror is a common law offence in England and Wales, where a person impersonates a juror in a civil or criminal trial.^[1]^[2] As a common law offence it is punishable by unlimited imprisonment and/or an unlimited fine.^[3] Personation of a juror also constitutes a contempt of court.^[4]

There is no requirement to prove that the defendant had any corrupt motive or a specific intention to deceive other than the fact that they entered the jury box and took the oath in someone else's name, and it is no defence that they did not know what they did to be wrong.^[1]^[2] If a juror has been personated, the trial in which he sat can be voided.^[1]^[5]^[6]

References

1. ^¹²Halsbury's Laws of England, volume 26: "Criminal Law", paragraph 686 (5th edition)
2. ^¹Halsbury's Laws of England, volume 61: "Juries", paragraph 858 (5th edition)
3. ^Halsbury's Laws of England, volume 92: "Sentencing and Disposition of Offenders", paragraph 31 (5th edition)
4. ^Halsbury's Laws of England, volume 9(1): Contempt of Court", paragraph 434
5. ^Halsbury's Laws of England, volume 61: "Juries", paragraph 853 (5th edition)
6. ^The Juries Act 1974, section 18(3)

R v Clark (1918) 82 JP 295, (1918) 26 Cox CC 138
R v Levy (1916) 32 TLR 238
R v Wakefield [1918] 1 KB 216, 13 Cr App R 56, CCA

2 : Crimes|English criminal law

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