The defendants appealed saying that the judge had failed to disclose that a jury member was a serving police officer, and also complained of the judge’s directions on the ‘fundamentally different’ test applicable to cases of murder and manslaughter. The judge had allowed into evidence an otherwise irrelevant insult to the police.
Held: Though the judge might have taken a better approach, the decision for the court was as to whether it had been fair. None of the circumstances making the situation more difficult fr an officer to serve applied, and the appeals failed.
Citations:
[2009] EWCA Crim 930
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Abdroikof, Regina v Green; Regina v Williamson HL 17-Oct-2007
The House was asked whether a jury in criminal trials containing variously a Crown Prosecution Service solicitor, or a police officer would have the appearance of bias. In Abdroikof, the presence of the police officer on the jury was discovered only . .
Cited – Regina 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 . .
Cited – Regina v Khan and Hanif CACD 14-Mar-2008
Each defendant appealed against his conviction saying that the presence on the jury of certain people involved in the law gave the appearance of bias.
Held: The court should be made aware if any potential juror either is or has been a police . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 22 August 2022; Ref: scu.347430