HM Advocate v McDonald

Criminal procedure – Jury – Juror leaving jury room. High Court of Justiciary: Passing a bill of advocation appealing a sheriff's acquittal of the accused in a rape trial, in circumstances where, after the jury had been deliberating for about 10 minutes, one juror left the jury room to make a personal phone call in a secure corridor, the court held that an acquittal was not the appropriate remedy unless an approach had been made to the jury which had as its purpose some 'improper influence or pressure being brought to bear on the jury with the aim of securing a conviction', and there was no question of that test having been met.

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