Retrial after jury web page found

A rape conviction has been quashed by appeal judges after a juror was found to have downloaded internet material.

The downloaded documents were found in the jury room by a bailiff after a defendant was convicted in November 2003 at Canterbury Crown Court.

One had the title The Feminist Position on Rape and one was called Rape and the Criminal Justice System.

Lord Justice Judge ordered a retrial and said jurors should not conduct private research for information.

He said: "Just as a juror should not speak about a case to anyone other than another juror, and for precisely the same reason of principle, he or she should not conduct private research for information which may have a bearing on the trial."

Juror's views

He added: "The internet has many benefits and we do not mean to diminish its value.

"Of course, not every site is always right. Some sites seek to persuade. The contents of some are inconsistent with assertions made in another.

"The internet cannot discuss the case. It can, however, provide material which may influence a juror's views."

He said that it was "virtually certain" that the documents were brought in by a member of the jury after an overnight adjournment.

The judge added that no inquiry had been made about the circumstances in which the documents were downloaded.

He said use of the material contravened two legal principles - the principle of open justice and the public's entitlement to know about evidential material, and the entitlement of all sides to address all the material considered by jurors.

Lord Justice Judge was sitting with Mr Justice Cresswell and Mr Justice Fulford at the Court of Appeal in London.