*/
Lord Justice Moses has called for reform of the role of the judge in jury trials.
Delivering this year’s Law Reform Committee lecture “Summing Down the Summing Up: Re-Forming the Criminal Trial” on 23 November at the Inner Temple, Moses LJ said there was a problem in the function of the judge and his role as guide when summing-up. Instead, he said, the jury should be given a list of questions to answer.
This proposal was put forward by Lord Justice Auld in his October 2001 Review of the Criminal Courts.
Moses LJ argued: “Defence counsel should be required to tell the jury what the defence is at the outset. But that does not go nearly far enough ... the factual issues should be debated in court by counsel, resolved by the judge and the issues in the form of questions written down before speeches to the jury.
“The jury will have heard warnings as to how to approach particular types of evidence, when the evidence is called, and can be reminded of those directions in a short note, annexed to the list of witnesses, each of whom will be linked to the issues and questions to which their evidence relates,” he said.
“The reforms are cheap, will save money and be cost effective. A criminal trial costs about £4,300, a day and £7,000 a day at the Old Bailey. Summings-up regularly last a day in trials lasting more than two weeks: there were 389 of such trials in the year to April 2010.
“£4,000 or even £7,000 is an expensive ticket to listen to a replay of the drama delivered in monotone. The judges’ summing-up is a frequent source of appeals against conviction. Conviction appeals cost about £14,000 day.”
This proposal was put forward by Lord Justice Auld in his October 2001 Review of the Criminal Courts.
Moses LJ argued: “Defence counsel should be required to tell the jury what the defence is at the outset. But that does not go nearly far enough ... the factual issues should be debated in court by counsel, resolved by the judge and the issues in the form of questions written down before speeches to the jury.
“The jury will have heard warnings as to how to approach particular types of evidence, when the evidence is called, and can be reminded of those directions in a short note, annexed to the list of witnesses, each of whom will be linked to the issues and questions to which their evidence relates,” he said.
“The reforms are cheap, will save money and be cost effective. A criminal trial costs about £4,300, a day and £7,000 a day at the Old Bailey. Summings-up regularly last a day in trials lasting more than two weeks: there were 389 of such trials in the year to April 2010.
“£4,000 or even £7,000 is an expensive ticket to listen to a replay of the drama delivered in monotone. The judges’ summing-up is a frequent source of appeals against conviction. Conviction appeals cost about £14,000 day.”
Lord Justice Moses has called for reform of the role of the judge in jury trials.
Delivering this year’s Law Reform Committee lecture “Summing Down the Summing Up: Re-Forming the Criminal Trial” on 23 November at the Inner Temple, Moses LJ said there was a problem in the function of the judge and his role as guide when summing-up. Instead, he said, the jury should be given a list of questions to answer.
Chair of the Bar reflects on 2025
Q&A with criminal barrister Nick Murphy, who moved to New Park Court Chambers on the North Eastern Circuit in search of a better work-life balance
Revolt Cycling in Holborn, London’s first sustainable fitness studio, invites barristers to join the revolution – turning pedal power into clean energy
Rachel Davenport, Co-founder and Director at AlphaBiolabs, reflects on how the company’s Giving Back ethos continues to make a difference to communities across the UK
By Marie Law, Director of Toxicology at AlphaBiolabs
AlphaBiolabs has made a £500 donation to Sean’s Place, a men’s mental health charity based in Sefton, as part of its ongoing Giving Back initiative
Professor Dominic Regan and Seán Jones KC present their best buys for this holiday season
Little has changed since Burns v Burns . Cohabiting couples deserve better than to be left on the blasted heath with the existing witch’s brew for another four decades, argues Christopher Stirling
Six months of court observation at the Old Bailey: APPEAL’s Dr Nisha Waller and Tehreem Sultan report their findings on prosecution practices under joint enterprise
Despite its prevalence, autism spectrum disorder remains poorly understood in the criminal justice system. Does Alex Henry’s joint enterprise conviction expose the need to audit prisons? asks Dr Felicity Gerry KC
With automation now deeply embedded in the Department for Work Pensions, Alexander McColl and Alexa Thompson review what we know, what we don’t and avenues for legal challenge
