#13732 - Juries And Verdicts - BPC Criminal Litigation (formerly BPTC) 2024/2025

1. Function of the judge and jury: Law is a matter for the judge and facts are a matter for jury. Judge may express views on facts, but jury is free to disregard those views.

2. Burden and standard of proof
   

3. Law and evidence: Judge must explain the law and how it relates to the case in a manner that is even handed to both parties.

4. Main features of evidence and how it relates into legal framework

5. Character / Previous convictions: Jury may take into account bad character, but bad character does not equate to proof of guilt. It is for jury to decide if evidence of bad character goes to propensity, credibility.

6. Reaching a verdict: Only a unanimous verdict is acceptable; there should be no deliberation unless all members of jury are present.

7. Directions as required:

• Turnbull direction if identification evidence is in issue

• If expert evidence, direction that they are not bound by opinion of the expert

• If lies told by D, Lucas direction

• If D failed to answer police questions, or failed to testify in court, direct as to adverse inference + burden of proof on P and any inference cannot prove guilt on its own

• If alibi evidence, direction that even if alibi false does not mean D is G + burden of proof remains on P + alibis are sometimes invented to bolster a genuine defence.

• If D failed to comply with requirements of CPIA (eg inconsistent defence with defence statement) adverse inference may be drawn.

• Multiple counts or multiple Ds: each count and each D must be considered separately + evidence must be disregarded if it is not admissible against a particular D + a decision should be reached based on all evidence + a D may run a cut –throat defence through self – interest + the evidence of a co-D must be treated in the same manner as any other W.

Generally inappropriate for judge to comment of fact that D has not called a particular W. Judge also has no duty to warn on dangers of convicting D based on the evidence of an accomplice.

Generally the jury will find D guilt of counts on the indictment. However, there are opportunities where the jury can convict of alternative counts not on the indictment. This is where the allegations on an indictment amount to or include, expressly or impliedly, another offence that may be tried on indictment.

Express inclusion: By deleting words from the indictment, the words remaining will still leave a valid count.

Implied inclusion: Where the lesser offence is a necessary step towards committing the offence charged.

Jury should consider lesser charge only once they have considered and acquitted D of the more serious charge.

Judge does not have to put alternative offences before jury and in doing so must consider:

• Whether there is a sensible basis on which jury may convict D for the more serious offence

• If alternative offence will...