Regina v KS: CACD 17 Nov 2009

The jury had been discharged by the judge after finding jury tampering, and he decided to continue alone. The jury had not known of the earlier convictions of others involved in the alleged conspiracy, but the judge did and he had made reference to the other trials. The judge knew also of his previous record. The finding of jury tampering relied on material protected from disclosure by a PII certificate. The allegation arose after all the evidence had been heard.
Held: The defendant’s appeal succeeded. The situation did require the jury to be discharged. The essential requirement for fairness in judicial systems had been re-inforced recently in AF. The fact that protected information was used to make the decision was not of itself conclusive to suggest that the judge could not continue alone. The judge had in earlier trials of associated defendants made comments severely critical of this defendant, and there might be an appearance of bias against him now: ‘the absence of judicial bias does not answer the separate question whether an informed objective bystander might legitimately conclude that such bias is a realistic possibility.’

Lord Judge, Lord Chief Justice, Mr Justice Penry-Davey and Mr Justice Keith
[2009] EWCA Crim 2377, Times 25-Nov-2009
Criminal Justice Act 2003 47, Juries Act 1974, European Convention on Human Rights 6
England and Wales
CitedT and Others Regina v CACD 5-Jun-2009
The court gave guidance to judges on how to apply the 2003 Act where jury tampering had been established. In general, ‘save in unusual circumstances, the judge faced with this problem should order not only the discharge of the jury but that he . .
CitedSecretary of State for the Home Department v AF AN and AE (No 3) HL 10-Jun-2009
The applicants complained that they had been made subject to non-derogating control orders as suspected terrorists, but that the failure to inform them of the allegations or evidence against them was unfair and infringed their human rights. The . .
CitedRegina 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 . .
CitedPorter and Weeks v Magill HL 13-Dec-2001
Councillors Liable for Unlawful Purposes Use
The defendant local councillors were accused of having sold rather than let council houses in order to encourage an electorate which would be more likely to be supportive of their political party. They had been advised that the policy would be . .
CitedLocabail (UK) Ltd, Regina v Bayfield Properties Ltd CA 17-Nov-1999
Adverse Comments by Judge Need not be Show of Bias
In five cases, leave to appeal was sought on the basis that a party had been refused disqualification of judges on grounds of bias. The court considered the circumstances under which a fear of bias in a court may prove to be well founded: ‘The mere . .
CitedRegina v Bow Street Metropolitan Stipendiary Magistrate, ex parte Pinochet Ugarte (No 2) HL 15-Jan-1999
A petition was brought to request that a judgment of the House be set aside because the wife of one their lordships, Lord Hoffmann, was as an unpaid director of a subsidiary of Amnesty International which had in turn been involved in a campaign . .

Lists of cited by and citing cases may be incomplete.

Criminal Practice, Natural Justice

Updated: 01 November 2021; Ref: scu.381513