Having the Last Word – Closing Speeches The closing speech is a significant opportunity for the defence to make a plea to the jury as to why a not guilty verdict ought to be returned. The speech, which will follow any prosecution closing, allows the defence to...
Recovery plan for the criminal courts In March, nearly 50% of courts were closed, and jury trials were halted to reduce interaction between court users dramatically. Although 90% of courts have re-opened there is a backlog of cases. The government has announced a...
‘Lurking Doubt’ as a Ground of Appeal The idea of lurking doubt as a ground of appeal was first identified in the case of Cooper [1969] 1 QB 267 when the Court held: ‘…we are indeed charged to allow an appeal against conviction if we think that...
Jurors – When They Misbehave Jurors take an oath to try a case solely on the evidence heard in court, to do otherwise risks a significant miscarriage of justice. At the outset of every criminal trial, and often at frequent points during it, a Judge will remind...
Jury Trials and Covid 19 In a startling announcement, Justice Secretary Robert Buckland admitted that the right to a jury trial is in his sights and might be curtailed in a few weeks time. Before the Coronavirus pandemic, the Crown Court case backlog was approximately...
Terminating Rulings When a judge makes a ruling at a crown court trial relating to one or more of the offences faced, the prosecution may have a right to appeal against that ruling. The right to appeal against a terminating ruling is strictly conditional upon certain...
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