An Angus juror who caused a trial to collapse when she defied the rules to share her own investigation into an accused’s criminal record has been sentenced.
Chanel Hogg, 29, of Arbroath, previously admitted a contempt of court charge at Forfar Sheriff Court.
A trial which taking place last month collapsed after the prosecution had finished leading evidence because mother-of-two Hogg had Googled the accused and shared her findings with another juror.
Jurors had been repeatedly warned not to make their own inquiries and only to judge the evidence led in court.
At the time, Sheriff Mark Thorley told her: “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.”
The trial was deserted pro loco et tempore, meaning prosecutors can raise the case again in future.
Prison warning
When she returned to the dock, benefits recipient Hogg was fined £750, plus a £40 victim surcharge, by Sheriff Thorley.
He told her: “I think you now appreciate the effect that your research has had on this particular trial.
“The trial came to an end.
“For all these reasons, that’s why I said at the outset, please don’t make any inquiries.
“There are only two outcomes – a financial penalty or custody.
“If this were in a matter in the High Court, I suspect a Lord would be looking at custody.
“I’m not going to do that today. That is a direct alternative to a period of custody.”
‘She takes full responsibility’
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.”
Hogg’s solicitor Michael Boyd said: “I should say this is a matter of which she’s fully cognisant of the seriousness of matters.
“It’s caused her a significant deal of stress.
“It’s a matter she hasn’t sought to distance herself from. She takes full responsibility.
“It’s clearly a matter which is of some gravity.
“She can’t shirk away from the consequences of her actions. The trial collapsed.”
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