Law and Rights
Suppose that the issue in a case is identification. There are 2 identification parades though the defendant is only "lined up" in one of them. At neither parade does the prosecution witness "pick out" the defendant and actually picks out others (including a Police "stand in"). This material is not revealed to the defendant as part of the pre-trial disclosure required by law. Has the defendant's right to a fair trial (Article 6) been breached? You might think that the answer was YES. However, it seems that the real test is whether, in all the circumstances of the trial, there was a real possibility that the jury would have reached a different verdict had the disclosure been made. So said the Supreme Court of the U.K. in McInnes v H.M. Advocate [2010] UKSC7. Although this appeal came from Scotland, there is no particular reason to suppose that English courts would have a different view. The decision appears to give appeal courts a free hand to dismiss any appeal no matter how outrageous the prosecution failure by simply substituting its own view of the case for that of a jury.
- Lord Janner ~ Unfit To Plead Or Stand Trial
The Judiciary has published the decision of Mr Justice Openshaw regarding whether Lord Greville Janner is fit to plead - read the decision dated 7th December 2015. The learned judge took the opportunity to restate the test for fitness to plead or...
- "real Prospect Of A Custodial Sentence" ~ Controversy Over Remands
Battle has been joined between the Magistrates Association and the Howard League ... allow me to explain. The Bail Act 1976 determines whether or not a defendant will be granted bail (with or without conditions). Refusal of bail has to be justified...
- Dizaei - Convicted At Second Trial
In February 2010, Dizaei, a Commander in the Metropolitan Police, was convicted at a trial before Simon J and a jury of the offences of misconduct in a public office and doing acts with intent to pervert the course of justice. In May 2011, the Court...
- Vincent Tabak And The Excluded Evidence
Vincent Tabak has been convicted of the murder, in December 2010, of Joanna Yeates. He was tried before Field J and a jury sitting at the Crown Court in Bristol. The jury convicted him by a 10 to 2 majority. Tabak had already pleaded...
- Inferences Drawn In Criminal Cases: Are They Fair?
Criminal law offers a considerable number of instances in which appropriate inferences may be drawn. 1. Sometimes, there may be adverse comment by a trial judge on the fact that a witness (other than the defendant's spouse) has not been called as...
Law and Rights
An outcome which raises concern
- Lord Janner ~ Unfit To Plead Or Stand Trial
The Judiciary has published the decision of Mr Justice Openshaw regarding whether Lord Greville Janner is fit to plead - read the decision dated 7th December 2015. The learned judge took the opportunity to restate the test for fitness to plead or...
- "real Prospect Of A Custodial Sentence" ~ Controversy Over Remands
Battle has been joined between the Magistrates Association and the Howard League ... allow me to explain. The Bail Act 1976 determines whether or not a defendant will be granted bail (with or without conditions). Refusal of bail has to be justified...
- Dizaei - Convicted At Second Trial
In February 2010, Dizaei, a Commander in the Metropolitan Police, was convicted at a trial before Simon J and a jury of the offences of misconduct in a public office and doing acts with intent to pervert the course of justice. In May 2011, the Court...
- Vincent Tabak And The Excluded Evidence
Vincent Tabak has been convicted of the murder, in December 2010, of Joanna Yeates. He was tried before Field J and a jury sitting at the Crown Court in Bristol. The jury convicted him by a 10 to 2 majority. Tabak had already pleaded...
- Inferences Drawn In Criminal Cases: Are They Fair?
Criminal law offers a considerable number of instances in which appropriate inferences may be drawn. 1. Sometimes, there may be adverse comment by a trial judge on the fact that a witness (other than the defendant's spouse) has not been called as...