Each defendant appealed against his conviction saying that the presence on the jury of certain people involved in the law gave the appearance of bias.
Held: The court should be made aware if any potential juror either is or has been a police or prison officer or worked with the CPS. The presence of such a person on a jury would not lead to an automatic assumption of the appearance of unfairness, but this would vary according to the case. A case involving the challenging of evidence given by police officers might require a different approach, but not where an officer had been involved in similar cases.
Judges:
Lord Phillips of Worth Matravers, Lord Chief Justice, Sir Igor Judge, President, and Mr Justice Silber
Citations:
Times 09-May-2008, [2008] EWCA Crim 531, [2008] 2 Cr App R 13, [2008] 2 Cr App R 161, [2008] 3 All ER 502, [2008] Crim LR 641
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Rex v Sussex Justices, Ex parte McCarthy KBD 9-Nov-1923
Clerk wrongly retired with Justices
There had been a prosecution before the lay magistrates for dangerous driving. Unknown to the defendant and his solicitors, the Clerk to the Justices was a member of the firm of solicitors acting in a civil claim against the defendant arising out of . .
Cited – Regina v Gough (Robert) HL 1993
The defendant had been convicted of robbery. He appealed, saying that a member of the jury was a neighbour to his brother, and there was therefore a risk of bias. This was of particular significance as the defendant was charged with conspiracy with . .
Cited – Gregory v The United Kingdom ECHR 25-Feb-1997
gregory_ukECHR1997
A judge’s direction to the jury to disregard any question of racial bias was sufficient to ensure a fair trial for the defendant. In discussing the protection of the secrecy of jury deliberations: ‘The court acknowledges that the rule governing the . .
Cited – Regina v Dundon CMAC 18-Mar-2004
The defendant had been convicted under a system of trial later confirmed not to be compliant with the need for a fair trial.
Held: The judge advocate in this trial had been a serving officer. Unless the positive obligation to show an . .
Cited – Regina v Abdroikof, Regina v Green; Regina v Williamson HL 17-Oct-2007
The House was asked whether a jury in criminal trials containing variously a Crown Prosecution Service solicitor, or a police officer would have the appearance of bias. In Abdroikof, the presence of the police officer on the jury was discovered only . .
Cited by:
Cited – Yemoh and Others v Regina CACD 22-May-2009
The defendants appealed saying that the judge had failed to disclose that a jury member was a serving police officer, and also complained of the judge’s directions on the ‘fundamentally different’ test applicable to cases of murder and manslaughter. . .
Cited – Tibbetts v The Attorney General of The Cayman Islands PC 24-Mar-2010
(Cayman Islands) The defendant appealed against his conviction for money laundering, alleging apparent bias in a juror who was said to have been acquainted with one witness.
Held: The appeal failed. The juror had correctly replied to the . .
Cited – Regina v Burdett and Another CACD 12-Feb-2009
The defendants appealed against their convictions and sentence of three years for money laundering. Dehumidifiers and similar had been sold at grossly inflated prices to the elderly. It was ‘a most despicable fraud committed on the vulnerable people . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 20 December 2022; Ref: scu.266179