*/
One judge-led method of saving money and clearing the Crown Court lists has been rejected by the Court of Appeal.
In a judgment of 3 August, the Court of Appeal ([2010] EWCA Crim 1931) disapproved of events at Woolwich Crown Court on 12 and 13 July 2010. Having already told the prosecution, “This country is next to broke, we do not enjoy the luxury of being able to spend two days of a judge and jury’s time on this kind of thing” (the defendant had elected trial by jury), Judge Shorrock indicated during the prosecution case that he would withdraw one count from the jury “whatever happens”, doubting that “a Woolwich jury” would convict. It was indeed withdrawn despite the Crown’s formal indication that it would appeal his preliminary ruling.
On the same day as this trial, the Court of Appeal was coincidentally hearing argument in three conjoined appeals, where Judge Shorrock had quashed the indictment because he did not believe that the matters should have been brought before the Crown Court. Holding that the judge “had no power to proceed as he did”, Lord Justice Leveson ([2010] EWCA Crim 1857) quoted Lord Salmon in Connelly v DPP [1964] AC 1254 that a judge has no power “to refuse to allow a prosecution to proceed merely because he considers, that, as a matter of policy, it ought not to have been brought”.
The Court of Appeal rejected counsel’s argument that judges should not be obliged to “grin and bear it when finding their lists ‘clogged up’”. They were perfectly entitled appropriately to express their views and to encourage the prosecution to reconsider the public interest in prosecution while bearing in mind the fact that Parliament gave the final decision to the CPS (subject to judicial review), and that it is for Parliament to alter the law on what type of case is to be tried by juries.
All four matters have been sent back for trial at Woolwich, before a different judge.
In a judgment of 3 August, the Court of Appeal ([2010] EWCA Crim 1931) disapproved of events at Woolwich Crown Court on 12 and 13 July 2010. Having already told the prosecution, “This country is next to broke, we do not enjoy the luxury of being able to spend two days of a judge and jury’s time on this kind of thing” (the defendant had elected trial by jury), Judge Shorrock indicated during the prosecution case that he would withdraw one count from the jury “whatever happens”, doubting that “a Woolwich jury” would convict. It was indeed withdrawn despite the Crown’s formal indication that it would appeal his preliminary ruling.
On the same day as this trial, the Court of Appeal was coincidentally hearing argument in three conjoined appeals, where Judge Shorrock had quashed the indictment because he did not believe that the matters should have been brought before the Crown Court. Holding that the judge “had no power to proceed as he did”, Lord Justice Leveson ([2010] EWCA Crim 1857) quoted Lord Salmon in Connelly v DPP [1964] AC 1254 that a judge has no power “to refuse to allow a prosecution to proceed merely because he considers, that, as a matter of policy, it ought not to have been brought”.
The Court of Appeal rejected counsel’s argument that judges should not be obliged to “grin and bear it when finding their lists ‘clogged up’”. They were perfectly entitled appropriately to express their views and to encourage the prosecution to reconsider the public interest in prosecution while bearing in mind the fact that Parliament gave the final decision to the CPS (subject to judicial review), and that it is for Parliament to alter the law on what type of case is to be tried by juries.
All four matters have been sent back for trial at Woolwich, before a different judge.
One judge-led method of saving money and clearing the Crown Court lists has been rejected by the Court of Appeal.
Update from the Chair of the Bar
By Clement Cowley, Partner at The Penny Group
Modernising communication and collaboration at a leading Chancery set. A Zexi case study
How to build profile without compromising professional duties. By Naumaan Farooq, Co-Founder of Inked PR
Marie Law, Director of Toxicology at AlphaBiolabs, examines the role of cut-off levels, and the wider range of factors that must be considered when interpreting results for family court proceedings
Endometriosis Awareness North, a charity raising awareness of endometriosis and supporting those affected across the North of England, has received a £500 boost from AlphaBiolabs via the company’s Giving Back initiative
A decade of reviews and research has disrupted accepted thinking in the search for causality. Suicides following abuse have overtaken domestic homicides. Is the law keeping up? Professor Susan Edwards KC (Hon) examines recent cases and the obstacles to successful prosecution
The case against judge-only justice – and why efficiency is not enough. By Professor Leslie Thomas KC
Jemima Coleman and Zoë Leventhal KC on the evolving global movement seeking to reframe how we view nature: to recognise that nature possesses inherent rights and to enshrine these rights in law
Heritage as an anchor and a compass, finding our common humanity and embracing the power of the outsider – Melina Antoniadis’s lessons learnt
Lauren Fullerton examines the how, what and why of setting up a second chambers base