*/
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.
The Chair of the Bar reports back
Susie Griffin on the admin that keeps barristers from billable work
Clement Cowley, Partner at The Penny Group, explains how global events can influence the performance of pensions and ISAs, and why taking a long-term approach to investing is often the most effective strategy
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs, discusses what family law professionals need to know about hallucinogens, from the main hallucinogenic drugs encountered in family proceedings, to their effects and the testing options available
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
By David Green
At the start of her term, Chair of the Bar 2026 Kirsty Brimelow KC set out a series of priorities for the year ahead. One of those priorities was children in the justice system
As the world becomes more digital, Barbara Vinagre Mota examines international research into the mental health consequences of judges’ exposure to graphic and immersive evidence, highlighting the importance of support systems
In an era of patient-centred care and growing concern over misconduct in medical settings, why do women still lack the right to choose women consultants for examination and treatment? Charles Davey investigates
Reviewed by Daniel Barnett
James McNeill Whistler at Tate Britain until 27 September Rothko in Florence at Palazzo Strozzi until 23 August Reviewed by Stephen Cragg KC
