The defendant appealed against his conviction in 1998 of murder based on a confession said to have been made to a fellow prisoner on remand. A witness supporting that confession said after the trial that he had lied under police pressure. The appeal had been allowed, and the court now considered whether there should be a re-trial.
Held: In order for a court to decline to order a new trial because of publicity which had occurred, there had to be shown on the balance of probabilities that owing to the extent and nature of the pre-trial publicity he will suffer serious prejudice to the extent that no fair trial could be held. Each case must be decided on its facts. Here, there had been very considerable publicity, but not all of it prejudicial to the defendant, and it was now some three years ago. A move of the trial away from the locality, and a proper examination of the jury should be sufficient to avoid such prejudice.
courtcommentary.com Court of Appeal can regard past press coverage as sufficient reason not to order a re-trial if, on balance of probabilities, a jury verdict of guilty at retrial would be rendered unsafe by the effect of publicity between original trial and the appeal
Judges:
Kennedy LJ, Maurice Kay, Hallett JJ
Citations:
Gazette 15-Feb-2001, Times 22-Feb-2001, [2001] EWCA Crim 297, [2001] Crim LR 465
Links:
Statutes:
Citing:
Applied – Regina v Graham, Kansal, etc CACD 25-Oct-1996
The court discussed when it was appropriate for the Court of Appeal to substitute other lesser convictions, after the main conviction had been declared unsafe.
Held: After studying the authorities at length, the court felt that the various . .
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 – Regina v Kray CACD 1969
Ronald Kray had been convicted of murder on 4th March 1969, and on 15th April 1969 he and a number of others were facing a second indictment charging them with murder and other offences. His counsel sought to challenge prospective jurors for cause . .
Cited – Regina v Coughlan and Young CACD 1976
Coughlan and Young were convicted at Birmingham Crown Court of conspiracy to cause explosions in the United Kingdom, the prosecution having limited the allegation to explosions in Birmingham and its neighbourhood. Charges had been brought in respect . .
Cited – Regina v McCann and Others CACD 1991
The defendants were alleged to be members of the IRA who had been found near to the home of Secretary of State for Northern Ireland. They were charged with conspiracy to murder. They did not give evidence. During closing speeches in a terrorist . .
Cited – Regina v Bow Street Metroplitan Stipendiary Magistrate, Ex parte Director of Public Prosecutions QBD 1992
Defendant policemen challenged as an abuse of process, the issue of summonses relating to events some 18 years earlier.
Neill LJ said: ‘The freeing of the Guildford Four and the comments made by the Court of Appeal attracted immediate and very . .
Cited – Regina v Central Criminal Court ex parte The Telegraph Plc CACD 1993
The court considered the effect of a jury trial in balancing pre-trial prejudicial publicity. Lord Taylor CJ said: ‘In determining whether publication of matter would cause a substantial risk of prejudice to a future trial, a court should credit the . .
Cited – Regina v Reade and others CACD 15-Oct-1993
Police officers were prosecuted following the release of those convicted of the Birmingham bombing and Garland J granted a stay of the criminal proceedings against those officers, pointing out that publicity, although a powerful factor, did not . .
Cited – Regina v Taylor and Another CACD 15-Jun-1993
In June 1991 Mrs Shaughnessy was stabbed to death at home. In July 1992 the Taylor sisters were convicted of that murder. An investigating police officer had suppressed an inconsistent statement made by a highly material witness, and there was also . .
Cited by:
Cited – HM Attorney General v MGN Ltd and Another Admn 29-Jul-2011
The police arrested a man on suspicion of the murder of a young woman. He was later released and exonerated, and a second man arrested and later convicted. Whilst the first was in custody the two defendant newspapers, the Daily Mirror and the Sun . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice, Media
Updated: 19 May 2022; Ref: scu.88683