The defendant had been accused of misbehaviour as leader of the county council. His counsel wanted to remind the jury of their right to return a not guilty verdict at any time. The judge declined to allow him.
Held: The judge was correct. A jury does have the right to acquit a defendant at the end of the prosecution case, but in no case had anyone other than the judge reminded them of this right. The duty of maintenance of fairness lay on the trial judge, and this issue was one for him.
Judges:
Kennedy LJ, Bell, Hughes JJ
Citations:
[2004] EWCA Crim 3067, [2005] Crim LR 811, [2005] 2 Cr App R (S) 15, Times 01-Dec-2004
Links:
Jurisdiction:
England and Wales
Criminal Sentencing, Crime, Criminal Practice
Updated: 27 June 2022; Ref: scu.448368
