In each case, the jury had been discharged from returning verdicts on the substantial offence charged. In one case the prosecution had been found to be an abuse of process, and in the other they had been unable to reach a verdict. The judge had then asked them to return verdicts on a lesser offence.
Held: The appeals were allowed. In neither case had there been a finding of not guilty on the substantial charge before the jury had been invited to consider the lesser charge, and the jury had no jurisdiction to return the verdicts they had been asked to.
Judges:
Moses LJ, Burton J, Goldsack J QC
Citations:
Times 06-Dec-2005
Jurisdiction:
England and Wales
Criminal Practice
Updated: 01 May 2022; Ref: scu.237547