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Ministers are being urged to change the law to allow jurors to discuss their experiences with counsellors after a free therapy pilot scheme saw little take-up in the first month.
In October the Labour Government launched a free therapy pilot to support jurors in 14 crown courts across the country.
Under the scheme, all jurors in the pilot have the opportunity to self-refer for six free counselling sessions after a trial if they feel they need it as a result of their jury service.
A Freedom of Information (FOI) request by PoliticsHome showed that in the first month of the pilot between 14 October and 10 November, three jurors self-referred to the counselling services offered as part of the Ministry of Justice (MoJ) pilot.
Five calls have been received by the 24/7 telephone helpline, the same FOI showed.
The pilot, which is set to last for six months, was launched in response to concerns over a lack of support for jurors in the aftermath of distressing cases.
While the take-up numbers are small, “it may take time to embed juror counselling services as a normal aspect of juror service”, Dr Matt Brooks, Senior Lecturer in Psychology at the Manchester Metropolitan University said.
A government source sought to stress that people most likely to take counselling as part of the pilot would have been jurors on lengthy and complex trials lasting many weeks.
Brooks added, however, that strict laws around what jurors can discuss could be a barrier “to accessing a dedicated juror support service”.
It is currently an offence under the Juries Act 1974 to disclose the jury’s deliberations.
In Canada, a change in the law in 2023 meant that the prohibition against disclosure of information relating to jury proceedings no longer applied to jurors when consulting with mental health professionals about their experiences.
Dr Hannah Fawcett, Senior Lecturer in Psychology, Manchester Metropolitan University said: “A change in the law similar to that in Canada is needed so that jurors have the freedom to disclose all difficult aspects of their juror experiences as part of the confidential juror counsellor relationship.”
Both Brooks and Fawcett have had conversations with the MoJ regarding trauma-informed practice for jurors during the development of the pilot and since its implementation.
While the take-up for the first month is small, Brooks and Fawcett said this could be due to a culture shift and ongoing stigma surrounding access to support services.
Brooks said that before the pilot began, there had been no specialist support available to jurors “which may have sent the message that distress is uncommon”.
Research published earlier this year showed a fourfold increase in signs of post-traumatic stress disorder (PTSD) among jurors after exposure to murder case materials.
The research also showed that half of jurors experience signs of post-trial trauma such as nightmares, intrusive memories and sleep disturbances.
Brooks said: “It may take time to embed juror counselling services as a normal aspect of juror service. Making counselling available to all jurors in England and Wales would help to reinforce that jurors are appreciated, valued and supported following their distress.”
It could also be the case that there is a delay between a trial ending and jurors seeking help, Brooks said.
“Jurors may experience some short-term discomfort and try to manage this themselves, however, it may be days or weeks later before they recognise that their distress is not going away on its own and they need specialist support.”
Brooks said this may lead to greater uptake of the helpline and counselling service later in the pilot, “and reinforces the importance of open-ended access to counselling whenever a juror may decide they need it”.
Fawcett added that the value of a scheme such as this cannot be judged “purely on the number of people that use it; for those that use it, the counselling scheme could prevent distress being the defining feature of their juror experience”.
A Ministry of Justice spokesperson told PoliticsHome: “We launched our pilot programme offering free counselling and a 24/7 helpline to jurors in October so that those involved in distressing cases get the support they need.”
“This initiative provides crucial support, advice, and information for all jurors in 15 Crown Courts who need assistance after hearing challenging evidence.”
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