Regina v Spencer; Regina v Smails: HL 24 Jul 1986

The defendants were nurses employed at Rampton secure hospital accused of assaults on patients. The witnesses against them had been inmates. They complained that the judge had failed to direct the jurors about the dangers of relying upon their evidence, since they had had serious criminal convictions and/or mental illness.
Held: This was not the standard position where a witness’ evidence was suspect. The judge was to warn the jurors in such a class of case of the dangers of finding against the defendants without corroboration. As to bias, there had to be shown a real danger of bias.
There is an obligation on a judge to warn a jury about the special need for caution in cases of evidence given by those in a position analogous to an accomplice. These include cases where the witness’s evidence may have been tainted by an improper motive.
Lord Hailsham LC, Lord Bridge of Harwich, Lord Brandon of Oakbrook, Lord Mackay of Clashfern, Lord Ackner
[1987] AC 128, [1987] UKHL 2, [1986] 3 WLR 348, [1986] 83 Cr App Rep 277, [1986] 2 All ER 928
Bailii
England and Wales
Citing:
CitedRegina v Kilbourne HL 1973
The respondent was convicted of sexual offences against two groups of boys. The trial judge directed the jury that they would be entitled to take into account the uncorroborated evidence of the second group as supporting evidence given by the first . .
CitedRegina v Beck CACD 1982
The defendant complained that the judge had failed to direct the jury about the dangers of relying upon the evidence of witnesses who, though not co-defendants, had their own conflicting interests. They also said that corroborative evidence should . .
Not followedRegina v Bagshaw, Holmes and Starkey CA 1984
The defendants were nurses at a mental hospital, charged with assaulting their patients. They complained that the judge had not given the full direction as to the dangers of relying upon the uncorroborated evidence of of unreliable witnesses, they . .

Cited by:
CitedMichael Pringle v The Queen PC 27-Jan-2003
PC (Jamaica) The court considered the way in which statistical conclusions drawn from DNA evidence had been presented to the jury. The judge had fallen into the ‘Prosecutor’s Fallacy.’ Also the court had relied . .
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 . .

These lists may be incomplete.
Updated: 17 June 2021; Ref: scu.181618