F3.48 Flashcards
(i) When does the judge need to make it clear to the jury what standard of proof the prosecution are required to meet?
(ii) What words are to be used when doing so?
(i) when summing-up.
(ii) It is not a matter of some precise formula or particular form of words being used; what matters is the effect of the summing-up
(Allan [1969] 1 All ER 91, per Fenton Atkinson LJ at p. 36).
The favoured phrase is that the jury must be SURE that the accused is guilty (see the Crown Court Compendium, ch. 5).
How should the jury be directed when the phrase ‘beyond a reasonable doubt’ has been used in trial?
That it is the same as being sure
(Adey (unreported, 97/5306/W2) and the Crown Court Compendium, ch. 5, para. 3).
In cases which turn on whether the accused or the complainant is telling the truth, what must the judge tell the jury?
The jury must be told that, in order to convict, they must be sure that the complainant was telling the truth.
It is important for the judge not to give the impression that the jury simply have to decide who to believe.
In cases of historic allegations of sexual abuse, what direction should the judge give the jury when the defence may have been prejudiced by delay in the bringing of proceedings?
Although delay creates difficulties for both the prosecution and the defence, it is inadequate to suggest to the jury that the disadvantages apply equally; the judge should emphasise that, if the defence may have been prejudiced, the jury should have regard to that fact when considering whether the prosecution had made them sure of the guilt of the accused (W [2014] EWCA Crim 1392).
