Tag: presumption of innocence

The standard of proof in criminal trials: Peter Hitchens is right, and Lord Goddard was wrong.

There was a rather strange report by Martin Beckford in this week’s The Mail on Sunday that judges have been told to stop using the phrase “beyond reasonable doubt” in directing juries on the standard of proof required for a conviction:

“… the latest edition of the Crown Court Compendium – written by the Judicial College, which oversees judges’ training – tells members of the bench they can drop the old term completely.

It states that when summing up a trial they must give a ‘clear instruction to the jury that they have to be satisfied so that they are sure before they can convict’.”

The Crown Court Compendium, for those who have not come across it, is an invaluable guide to trial judges. It includes a number of specimen directions, which are often followed by judges, but do not have to be. It is regularly updated, not itself to change the law, but to reflect changes that have been made by statute or by the higher courts.  This is the latest guidance on the correct direction to be given on the standard of proof.

Continue reading “The standard of proof in criminal trials: Peter Hitchens is right, and Lord Goddard was wrong.”

How English Law presumes you guilty, even if your conviction is quashed

When summing up any case to a jury, one of the first things a judge has to explain is that although it is for the jury to decide the facts of the case, they must follow the judge’s directions of law. A favourite cliché of many is then to say “if I am wrong on the law a higher court will put it right.”

“Phew,” the jurors are meant to think, “we can trust that even if this old fool has got the law wrong, no harm will come of it because that ‘higher court’ will make everything right again.”

Victor Nealon and Sam Hallam learnt last week from the Supreme Court what they must have guessed already: the promise that a higher court will put wrongful convictions right is hollow. And although there is statutory provision for the state to atone with compensation for subjecting innocent people to wrongful convictions and imprisonment, it is worded in such a way that compensation can virtually never be paid. It is a bogus, Potemkin provision of no practical effect.

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 Continue reading “How English Law presumes you guilty, even if your conviction is quashed”

Docks are nasty relics of eighteenth century injustice. It is time to dismantle them

We have abolished the gallows, the gibbets and the pillories that once adorned every rutted turnpike cross-road.

GibbetIt’s now time to turn our attention to another eighteenth century legal relic. No, not the harmless wig, but the pernicious practice of forcing defendants to stand trial while caged inside the wooden and glass cages known as “docks.”

 

The Lord Chief Justice, Lord Thomas, seems to think so too.

In a speech last week to Birkbeck College’s Institute for Criminal Policy Research Lord Thomas suggested that docks could be abolished:

“Do you really need the dock? Are they really necessary? I do think these sort of radical ideas need considering …. They are terribly expensive. Particularly in magistrates’ courts.” Continue reading “Docks are nasty relics of eighteenth century injustice. It is time to dismantle them”