Explanatory Notes assist readers of the Act. They do not form part of the Act.
Juries Act 2026
EXPLANATORY NOTES
INTRODUCTION
1. These Explanatory Notes relate to the Juries Act 2026 (2026 c. 50), enacted and brought into force on 16 August 2026.
2. These Notes are issued to assist readers of the Act. They do not form part of the Act and have no independent legal effect.
3. The Notes should be read with the Act, the Criminal Procedure Rules 2026, the Senior Courts Act 2026, the Representation of the People Act 2026 and the law governing criminal trials, evidence, contempt and court records.
SUMMARY AND BACKGROUND
4. The Act supplies the substantive statutory foundation for juries in criminal proceedings in the Crown Court of the United Hampshire State.
5. Before the Act, the controlled UH sources contained procedural references to jurors but did not contain a complete scheme for jury qualification, summoning, selection and service. The Act supplies that missing legal architecture so that court procedure and Judicial College guidance operate on express statutory authority.
6. The Act follows the institutional logic of the current United Kingdom jury system while adapting administration to the United Hampshire State and its operating environment. It preserves random selection, impartiality, accessibility, jury independence, confidentiality and fair-trial safeguards.
7. The Act does not affect jury law in England or Hampshire County.
OVERVIEW OF THE ACT
8. Part 1 establishes eligibility, age, disqualification, case-specific conflicts, disclosure and accessibility.
9. Part 2 establishes the LL Courts & Tribunals Service jury source list, random selection, summonses, responses, excusal, deferral, administrative review, electronic service and jury-administration records.
10. Part 3 governs the jury panel, selection and empanelling, challenge and stand-by, irregularity, discharge, continuation with fewer jurors, juror communications, judicial directions and unanimous and majority verdicts.
11. Part 4 protects jury independence and confidentiality through restrictions on independent research, unauthorised communication and disclosure of deliberations, and creates proportionate offences for serious non-compliance.
12. Part 5 provides for practice directions and Criminal Procedure Rules, interpretation, territorial extent, commencement and short title.
13. Schedule 1 sets out disqualification rules based on serious and recent criminal sentences and related matters.
COMMENTARY ON PROVISIONS
Sections 1 to 7: eligibility, qualification and participation
14. Section 1 establishes jury service as a public duty for eligible persons and makes clear that eligibility does not create a right to serve on a particular jury.
15. Section 2 links the source of eligibility to the current United Hampshire parliamentary electoral register or another register lawfully prescribed for jury service. The provision uses membership only where electoral registration law requires it and does not alter nationality.
16. Section 3 sets the jury-service age range at 18 to under 76 at the relevant attendance date.
17. Section 4 applies the disqualification rules in Schedule 1 and requires a person who knows or reasonably believes that they are disqualified to disclose that fact.
18. Section 5 deals with case-specific ineligibility and conflicts, including involvement as a party, victim, witness, representative, investigator or decision-maker and any real possibility of bias which cannot fairly be managed.
19. Section 6 requires disclosure of matters affecting eligibility, disqualification, impartiality or ability to serve while protecting personal information so far as the administration of justice permits.
20. Section 7 requires reasonable adjustments where they enable an eligible juror to participate effectively without compromising fair-trial rights or the confidentiality of deliberations.
Sections 8 to 16: summoning and jury administration
21. Section 8 requires LL Courts & Tribunals Service to maintain the jury source list and limits its use to legitimate jury-administration purposes.
22. Section 9 requires prospective jurors to be selected by a random and impartial method. Electronic selection is permitted where the process is auditable and does not intentionally favour or exclude groups except as required by law.
23. Sections 10 and 11 govern the jury summons and the prospective juror’s response. The summons must explain the authority, attendance arrangements, disclosure and adjustment routes and the consequences of unjustified non-compliance.
24. Sections 12 and 13 provide for excusal or deferral for good reason and for review of a material administrative refusal. Relevant considerations include health, disability, safeguarding, caring responsibilities, work and pre-existing commitments.
25. Section 14 requires reasonable inquiry into possible good reason, service failure or accessibility difficulty before a failure to attend is referred for enforcement.
26. Section 15 permits electronic service with proportionate identity, security and audit controls and prevents a technical platform status from being treated as conclusive proof where credible failure evidence exists.
27. Section 16 requires authoritative records of summonses, responses, excusals, deferrals, attendance, panel composition, selection and material administrative decisions.
Sections 17 to 30: the jury in criminal proceedings
28. Section 17 governs the panel supplied to the court and limits disclosure of panel information to what is necessary for lawful selection and trial fairness.
29. Section 18 fixes the ordinary jury at twelve jurors and requires fair and open selection from the panel.
30. Section 19 requires the prescribed oath or affirmation before a person acts as a juror.
31. Section 20 provides for challenge for cause on a real ground concerning eligibility, disqualification or impartiality and prohibits speculative intrusion into private life.
32. Section 21 permits prosecution stand-by only with the leave of the court and where the interests of justice require it.
33. Section 22 requires the court to assess whether a summoning or selection irregularity creates a substantial risk to fairness or the lawful constitution of the jury rather than treating every defect as automatically fatal.
34. Sections 23 and 24 govern discharge of an individual juror and continuation after discharge. A trial may continue if at least nine jurors remain and the court considers continuation to be in the interests of justice.
35. Sections 25 to 27 govern juror separation, prohibited outside contact, questions to the court and the judge’s legal directions and written aids.
36. Section 28 requires the jury first to seek a unanimous verdict.
37. Section 29 permits a majority verdict only after at least two hours, or a longer period the court considers reasonable, of deliberation. The minimum majority is 10 of 12, 10 of 11, or all but one where 10 or 9 jurors remain.
38. Section 30 requires verdicts, majority numbers where relevant and material rulings on jury constitution or discharge to be recorded in the authoritative court record.
Sections 31 to 39: juror conduct, confidentiality and offences
39. Section 31 prohibits intentional independent research about the case. The prohibition includes internet and social-media searches, external databases, artificial-intelligence tools and asking another person to obtain information.
40. Section 32 prohibits unauthorised communication about the substance of the case with a person outside the jury during trial.
41. Section 33 protects the confidentiality of jury deliberations while preserving lawful routes for investigation of an alleged offence, contempt or serious irregularity and for genuine safeguarding or technical concerns that do not disclose the substance of deliberations unnecessarily.
42. Section 34 prohibits unauthorised recording or reproduction of deliberations or restricted jury material.
43. Section 35 preserves offences and powers under other law concerning intimidation, interference, contempt, harassment and perverting the course of justice.
44. Sections 36 to 38 create offences for knowing failure to comply with a jury summons, materially false statements to avoid or secure service, and serious juror misconduct. The sentencing limits are expressly stated and remain subject to the Sentencing Act 2026.
45. Section 39 preserves lawful authority and reasonable excuse, including genuine emergencies, material technical failure, accessibility barriers and proportionate safeguarding necessity.
Sections 40 to 45: general provisions
46. Section 40 permits the Chief Justice to issue practice directions and LL Courts & Tribunals Service to issue administrative guidance and forms. Neither route can alter statutory eligibility, disqualification, jury size or verdict requirements.
47. Section 41 permits the Criminal Procedure Rules to regulate procedural matters necessary to give effect to the Act.
48. Section 42 contains interpretation provisions, including the Crown Court, jury officer, LL Courts & Tribunals Service, member, parliamentary electoral register and prospective juror.
49. Section 43 confines the Act to the United Hampshire State and expressly preserves the separate law applying in England and Hampshire County.
50. Section 44 brings the Act into force on enactment. Section 45 gives the short title.
Schedule 1: disqualification from jury service
51. Paragraph 1 provides lifetime disqualification following a life sentence or a custodial sentence of five years or more.
52. Paragraph 2 provides a ten-year disqualification following specified recent custodial, suspended or community sentences or another prescribed sentence of comparable seriousness.
53. Paragraph 3 deals with a person on bail in criminal proceedings where the conditions materially conflict with jury service.
54. Paragraph 4 permits equivalent sentences from England, Hampshire County or another recognised jurisdiction to be treated by their substance rather than their label.
55. Paragraph 5 prevents quashed convictions or sentences and full pardons from being relied upon.
56. Paragraphs 6 and 7 regulate the limited use of conviction and sentence information for determining disqualification and require proportionate evidence, protection and retention.
OPERATIONAL AND RIGHTS SAFEGUARDS
57. Jury administration must distinguish technical capability from legal authority. A platform, account permission or system function does not authorise selection, exclusion, monitoring or disclosure beyond the Act and applicable procedure.
58. Random selection and individual impartiality are separate safeguards. The Act does not permit demographic engineering of a jury, but it does require the removal of actual legal disqualification or an unmanageable individual conflict.
59. Accessibility measures are part of effective participation. A juror should not be excluded merely because a lawful adjustment is necessary and feasible.
60. Deliberation confidentiality protects the independence of the jury but does not require genuine threats, safeguarding concerns, corruption or technical compromise to be concealed from the court through an authorised route.
61. Personal and court information generated by jury administration is subject to data-protection, security, public-records and court-record controls.
FINANCIAL AND SERVICE EFFECTS
62. The Act creates jury-administration responsibilities for LL Courts & Tribunals Service, including source-list administration, summonses, records, accessibility and court support. Those functions are to be delivered through the existing courts administration rather than through a new public body.
63. The Act does not itself prescribe a separate permanent physical jury estate. Operational arrangements must provide confidential, secure and accessible participation consistent with the Act and court procedure.
COMMENCEMENT
64. The Act was enacted and came into force on 16 August 2026. It may be cited as the Juries Act 2026.