5.2 Jury trial - summing up and verdicts

Question 1

What are the two stages in a judge’s summing up to the jury?

Answer 1

1. Law

2. Facts / evidence

Question 2

Name some of the thing that the judge will direct the jury about

Answer 2

1.
Their function as the jury;
2.
The burden and standard of proof;
3.
Separate consideration of counts and defendants;
4.
The ingredients of the offence;
5.
Defences;
6.
Possibly, a written route to verdict;
7.
Good or bad character.

Question 3

What is the function of the jury?

Answer 3

To weigh the evidence independently in order to come to a verdict.

Question 4

When should the judge provide a written route to verdict?

Answer 4

Criminal Practice Directions VI: Trial 26K.12

Always unless the case is so straightforward that it would be superfluous.

Question 5

What is the leading case on effective good character directions?

Answer 5

Hunter

Question 6

What direction should the judge give where D has clearly lied?

Answer 6

A Lucas direction

The forbidden reasoning that lying = guilt

Question 7

What direction should the judge give the jury where there is disputed identification evidence and the offender’s identity is a matter in issue?

Answer 7

A Turnbull direction

Memory can be unreliable, even where the witness is honest and convincing; don’t convict solely on identification

Question 8

What is “split summing up”?

Answer 8

Criminal Practice Directions VI:Trial 26K.16
Give legal directions to the jury before the closing speeches and factual / evidence directions afterwards.

This allows avoidance of repetition.

Question 9

What should the judge’s directions on evidence consist of?

Answer 9

CrimPR 25.14(3)
Fairly summarise the important features of both cases.

Tell the jury that it is up to them to decide what’s important and / or relevant and decide how much weight to give to it.

Question 10

What do the jury bailiffs do at the end of the hearing?

Answer 10

Swear to keep the jury in some private and convenient place and not allow anyone to speak to them without the leave of the court other than to ask them if they have reached a verdict.

Then they usher the jury in and out of the court.

Question 11

Apart from delivering a verdict, what can the jury do after it retires?

Answer 11

CrimPR 25.14(3)(d)

Ask questions to the judge through notes via the bailiff.

Question 12

When can the judge direct the jury to consider a majority verdict?

Answer 12

Section 17 Juries Act 1974
After two hours.

Criminal PD VI Trial 26Q Majority Verdicts
Give the jury 2 hours 10 minutes to account for time spent moving from court to jury room.

Question 13

What majorities are acceptable to deliver a majority verdict?

Answer 13

Section 16(1) Juries Act 1974
12 jurors: 11-1 or 10-2.
11 jurors: 10-1.
10 jurors: 9-1.
9 jurors: no majority verdict.

Question 14

When may the jury convict D of an offence that is not on the indictment?

Answer 14

Where a lesser alternative offence is “implied” in the more serious count, e.g., they can convict of s.20 GBH when the indictment said s.18.

Question 15

What will the judge do following a guilty verdict?

Answer 15

CrimPR 25.16(2)(c)
Adjourn sentence pending receipt of a report or the verdict in another case.

OR
Proceed to sentence

Question 16

What happens if the jury is unable to reach an acceptable verdict?

Answer 16

The judge will discharge a hung jury.

The defence has seven days to decide whether to retry D.

Typically the prosecution will try again once unless its case was weak.