Embracery
Encyclopedia
Embracery is the attempt to influence a juror corruptly
to give his verdict
in favour of one side or the other in a trial
, by promise, persuasions, entreaties, money, entertainments and the like.
In English law
, it was an offence both at common law
and by statute
, punishable by fine and imprisonment
. As a statutory offence it dates back to 1360. The offence is complete, whether any verdict has been given or not, and whether the verdict is in accordance with the weight of evidence
or otherwise. The person making the attempt, and any juryman who consents, are equally punishable.
The false verdict of a jury, whether occasioned by embracery or otherwise, was formerly considered criminal, and jurors were severely punished, being proceeded against by writ of attaint
. The Juries Act 1825, in abolishing writs of attaint, made a special exemption as regards jurors guilty of embracery (s.61). Prosecution for the offence has been so extremely rare that when a case occurred in 1891 (R v Baker 113, Cent. Crim. Ct. Sess. Pap. 374) it was stated that no precedent could be found for the indictment
. The defendant was fined £200, afterwards reduced to £100.
By 2010 the offence was regarded as obsolescent and such misconduct is now more likely to be charge
d as perverting the course of justice
. The offence was abolished by section 17 of the Bribery Act 2010
, as from 1 July 2011 .
The word embracery comes from the Old Fr.
embraseour, an embracer, ie one who excites or instigates, literally one who sets on fire, from embraser, to kindle a fire; "embrace," ie to hold or clasp in the arms, is from French
embracer, Latin and bracchia, arms.
The last conviction for embracery in the UK was at Caernarvon Crown Court in November 1975 but it was quashed by the Court of Appeal the following year on the initiative of Lord Justice Lawton (see The Queen -v- Owen (1976)3 All ER 229), who said that the offence was obsolescent. It was not formally abolished, however, until the enactment of section 17 of the Bribery Act 2010.
Political corruption
Political corruption is the use of legislated powers by government officials for illegitimate private gain. Misuse of government power for other purposes, such as repression of political opponents and general police brutality, is not considered political corruption. Neither are illegal acts by...
to give his verdict
Verdict
In law, a verdict is the formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. The term, from the Latin veredictum, literally means "to say the truth" and is derived from Middle English verdit, from Anglo-Norman: a compound of ver and dit In law, a verdict...
in favour of one side or the other in a trial
Trial (law)
In law, a trial is when parties to a dispute come together to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court...
, by promise, persuasions, entreaties, money, entertainments and the like.
In English law
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
, it was an offence both at common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
and by statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
, punishable by fine and imprisonment
Imprisonment
Imprisonment is a legal term.The book Termes de la Ley contains the following definition:This passage was approved by Atkin and Duke LJJ in Meering v Grahame White Aviation Co....
. As a statutory offence it dates back to 1360. The offence is complete, whether any verdict has been given or not, and whether the verdict is in accordance with the weight of evidence
Evidence (law)
The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence...
or otherwise. The person making the attempt, and any juryman who consents, are equally punishable.
The false verdict of a jury, whether occasioned by embracery or otherwise, was formerly considered criminal, and jurors were severely punished, being proceeded against by writ of attaint
Writ of attaint
A writ of attaint is an obsolete writ in English law, issued to inquire whether a jury had given a false verdict in a trial.In criminal cases, the writ of attaint was issued at the suit of the Crown, and in civil cases at the suit of either party. The correctness of the verdict would be determined...
. The Juries Act 1825, in abolishing writs of attaint, made a special exemption as regards jurors guilty of embracery (s.61). Prosecution for the offence has been so extremely rare that when a case occurred in 1891 (R v Baker 113, Cent. Crim. Ct. Sess. Pap. 374) it was stated that no precedent could be found for the indictment
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
. The defendant was fined £200, afterwards reduced to £100.
By 2010 the offence was regarded as obsolescent and such misconduct is now more likely to be charge
Criminal charge
A criminal charge is a formal accusation made by a governmental authority asserting that somebody has committed a crime. A charging document, which contains one or more criminal charges or counts, can take several forms, including:* complaint...
d as perverting the course of justice
Perverting the course of justice
Perverting the course of justice, in English, Canadian , and Irish law, is a criminal offence in which someone prevents justice from being served on himself or on another party...
. The offence was abolished by section 17 of the Bribery Act 2010
Bribery Act 2010
The Bribery Act 2010 is an Act of the Parliament of the United Kingdom that covers the criminal law relating to bribery. Introduced to Parliament in the Queen's Speech in 2009 after several decades of reports and draft bills, the Act received the Royal Assent on 8 April 2010 following cross-party...
, as from 1 July 2011 .
The word embracery comes from the Old Fr.
Old French
Old French was the Romance dialect continuum spoken in territories that span roughly the northern half of modern France and parts of modern Belgium and Switzerland from the 9th century to the 14th century...
embraseour, an embracer, ie one who excites or instigates, literally one who sets on fire, from embraser, to kindle a fire; "embrace," ie to hold or clasp in the arms, is from French
French language
French is a Romance language spoken as a first language in France, the Romandy region in Switzerland, Wallonia and Brussels in Belgium, Monaco, the regions of Quebec and Acadia in Canada, and by various communities elsewhere. Second-language speakers of French are distributed throughout many parts...
embracer, Latin and bracchia, arms.
See also
- Jury tamperingJury tamperingJury tampering is the crime of unduly attempting to influence the composition and/or decisions of a jury during the course of a trial.The means by which this crime could be perpetrated can include attempting to discredit potential jurors to ensure they will not be selected for duty. Once selected,...
The last conviction for embracery in the UK was at Caernarvon Crown Court in November 1975 but it was quashed by the Court of Appeal the following year on the initiative of Lord Justice Lawton (see The Queen -v- Owen (1976)3 All ER 229), who said that the offence was obsolescent. It was not formally abolished, however, until the enactment of section 17 of the Bribery Act 2010.