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In common law, embracery is the attempt to influence a juror corruptly to give their verdict in favour of one side or the other in a trial. This may be by promise, persuasions, entreaties, money, entertainments and the like.
The legal term "embracery" comes from the Old French embraseour, an embracer, i.e., one who excites or instigates, literally one who sets on fire, from embraser, to kindle a fire. This is unrelated to the common word "embrace", i.e., to hold or clasp in the arms, which is from French Language embracer, from Latin language bracchia, arms.
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. This changed in 1670 with Bushel's Case, in which the Court of Common Pleas held that a jury could not be held accountable for its verdict. The Juries Act 1825, in abolishing the by then almost obsolete 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, CCC Sess Pap 374 it was stated that no precedent could be found for the indictment. The defendant was fined £200 (), afterwards reduced to £100.
The offence was abolished by section 17 of the Bribery Act 2010, Bribery Act 2010 on legislation.gov.uk. as from 1 July 2011. Bribery Act 2010 (Commencement) Order 2011, SI 2011 No. 1418
In the United States, embracery prosecutions have occurred as recently as 1989, when a county commissioner in Georgia was sentenced to a fine and probation. Calhoun Times. "Embracery Case Politically Motivated, Sutherland Says". 8 June 1988, pp. 1A, 2A. Retrieved on 25 June 2013. Calhoun Times and Gordon County News. "Sutherland Resigns from Board: Gets Probation in Embracery Case". 15 July 1989, pp. 1, 3. Retrieved on 25 June 2013.
Modern usage
By 2010 the offence was regarded as obsolete (2025). 042190920X, Sweet & Maxwell. 042190920X, 28-47, 28-151 and such misconduct more likely to be criminal charge as perverting the course of justice. Attorney-General v. Judd 1995 COD 15, DC 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, R v. Owen 1976 3 All ER 239 who said that the offence was obsolete.
See also
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