PROCEDURAL IRREGULARITY

August 1, 2019

A judge had erred in imposing a wasted costs order on a defence barrister after discharging the jury following the barrister’s closing speech. In front of the jury, the barrister had inappropriately criticised the procedure by which questions for young and vulnerable witnesses were formulated in advance, and had also strayed beyond the bounds of appropriate comment in relation to the complainant’s sexual behaviour. However, his comments could have been dealt with in the judge’s summing up and did not call for the discharge of the jury.

CHILD SEX OFFENCES CLOSING SPEECHES CRIMINAL EVIDENCE CRIMINAL PROCEDURE CROSS-EXAMINATION DISCHARGE OF JURY PROCEDURAL IRREGULARITY PROPORTIONALITY PROSECUTION OF OFFENCES ACT 1985 s.19A s.41 SEXUAL BEHAVIOUR VICTIMS WASTED COSTS ORDERS YOUTH JUSTICE AND CRIMINAL EVIDENCE ACT 1999 s.28

October 19, 2015

After receiving a note indicating that a juror in a rape trial might not make a decision but just go with the majority, the judge should have told the jury that each member had to consider the evidence and reach a verdict according to his or her view of the material. The subsequent conviction by a majority was not, however, unsafe as the foreman had made it unequivocally clear that 10 jurors had agreed and two had disagreed.

APPEALS AGAINST CONVICTION CRIMINAL PROCEDURE CRIMINAL PROCEDURE RULES 2015 r.25.14(5) JURY DIRECTIONS MAJORITY VERDICTS PROCEDURAL IRREGULARITY RAPE

November 13, 2013

An error on an indictment in respect of the date of the Act under which a charge of rape had been made was a procedural error that caused no prejudice and did not render the indictment or the trial a nullity, as the offender had been aware of the case he had to meet and the trial had proceeded on the basis of the correct Act.

CRIMINAL PROCEDURE CRIMINAL PROCEDURE RULES 2013 r.14.2 DATES EFFECT OF ERROR IN DATE OF SEXUAL OFFENCES ACT IN STATEMENT OF OFFENCE INDICTMENTS INDICTMENTS ACT 1915 s.3 LEGISLATION PROCEDURAL IRREGULARITY RAPE SEXUAL OFFENCES ACT 1956 SEXUAL OFFENCES ACT 2003 TRIAL PROCEEDING ON BASIS OF CORRECT ACT VALIDITY

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