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Top Criminal Barrister QC and Leading Rape Defence Counsel

BIAS

May 20, 2014

A judge in an historic sexual offences trial had not erred in declining to discharge a juror who had known a witness’s husband through work only well enough to say hello to in passing. The judge had ascertained that the juror felt that she could remain faithful to her oath and there had been no objectively justified or legitimate doubt as to her impartiality.

BIAS CRIMINAL PROCEDURE DISCHARGE OF JURY NORTHERN IRELAND SEXUAL OFFENCES WITNESSES

July 29, 2013

A judge receiving fresh prosecution evidence during the course of a trial might have put undue pressure on a defendant to change his plea by indicating that he would give a reasonable amount of credit if he did so. However, the incident could not lay the foundation for an allegation of bias because the defendant had continued to maintain his innocence and the judge had continued to conduct the trial entirely fairly.

ADMISSIBILITY BIAS CRIMINAL EVIDENCE CRIMINAL JUSTICE ACT 2003 s.101(1)(d) CRIMINAL PROCEDURE FALSE IMPRISONMENT FRESH EVIDENCE JUDGE RECEIVING FRESH EVIDENCE INDICATING REASONABLE CREDIT WOULD BE GIVEN IF DEFENDANT CHANGED PLEA JUDICIAL INDICATIONS JURY DIRECTIONS PROPENSITY SEXUAL ASSAULT SUMMING UP WHETHER JUDGE BIASED

July 29, 2009

The presence of a serving police officer on a jury in a criminal trial had not compromised the fairness of that trial because, although the case involved allegations of improper police conduct in relation to offences admitted as evidence of propensity, it did not involve a dispute of evidence between defence and police witnesses, and the officer serving on the jury could not be said to have been biased.

ABUSE OF PROCESS BIAS CASE INVOLVING ALLEGATIONS OF IMPROPER CONDUCT BY POLICE CHILD SEX OFFENCES CRIMINAL PROCEDURE EFFECT ON FAIRNESS OF TRIAL FAIRNESS JURORS POLICE OFFICERS RAPE SERVING POLICE OFFICER ON JURY

December 20, 2001

A conviction for indecent assault was quashed on grounds of apparent bias on the part of one or more of the jurors. The judge had no firm basis for holding the accused responsible for incidents that led to the bias.

APPARENT BIAS BIAS CRIMINAL PROCEDURE CROSS-EXAMINATION DISCHARGING JURY IMPARTIAL TRIBUNAL INDECENT ASSAULT JURIES

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"HISTORIC" OFFENCES ABUSE OF POSITION OF TRUST ADMISSIBILITY AGGRAVATING FEATURES ASSAULT BY PENETRATION ATTEMPTS BAD CHARACTER BUGGERY CAUSING CHILDREN TO ENGAGE IN SEXUAL ACTIVITY CHILDREN CHILD SEX OFFENCES CONSENT CREDIBILITY CRIMINAL EVIDENCE CRIMINAL LAW CRIMINAL PROCEDURE CROSS-EXAMINATION DANGEROUSNESS DELAY EXTENDED SENTENCES FRESH EVIDENCE GUILTY PLEAS HUMAN RIGHTS IMPRISONMENT FOR PUBLIC PROTECTION INCONSISTENT VERDICTS INDECENT ASSAULT INDECENT PHOTOGRAPHS OF CHILDREN JURY DIRECTIONS MINIMUM TERM PREVIOUS CONVICTIONS RAPE RAPE OF CHILD UNDER 13 RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE SENTENCE LENGTH SENTENCING SENTENCING GUIDELINES SEXUAL ACTIVITY WITH CHILDREN SEXUAL ASSAULT SEXUAL ASSAULT OF CHILD UNDER 13 SEXUAL OFFENCES SEXUAL OFFENCES PREVENTION ORDERS SUMMING UP TOTALITY OF SENTENCE UNDUE LENIENCY YOUNG OFFENDERS