Episode 14 - Verdict
(00:44:35)
In the last episode of Series 1 of the Defence Barrister Podcast, the jury delivers its verdicts in the murder trial of R v Aidan Johnson and Conor Williams.
A Not Guilty verdict will lead to freedom, a Guilty verdict will lead to a sentence of life imprisonment, the mandatory sentence for murder.
Of course, the nature of jury trials in England & Wales is that we never get to hear exactly what happens inside the jury room, except - rarely - when something goes wrong or things get out of hand, and one juror reports another which prompts an investigation, and in this episode we look at some examples of what can go wrong in the jury room, and how jurors can sometimes do precisely what the judge has told them not to do, as well as - more generally - why the system of jury trial is still held by many in high regard.
We also look at what happens when a jury cannot agree on a verdict. When can a jury return a majority verdict, does a Guilty verdict by a majority carry less weight than a jury’s unanimous verdict of guilt, and what happens when there is a hung jury, meaning that they are split and unable to reach a decision?
And yes, there will be a Series 2 of the Defence Barrister Podcast which you’ll hear all about at the end of this episode, but save the date for Wednesday 31st July when the next episode will be available wherever you listen to your podcasts.
I hope you enjoy this episode and I look forward to you joining me again for Series 2.
As ever, thank you for listening.
NOTES
Throughout this podcast I have referred to legislation, cases and to further information and reading. Please refer to the links in the Legal Notes below to access this information yourself.
Majority Verdict -
S.17 Juries Act 1974 - Majority Verdicts https://www.legislation.gov.uk/ukpga/1974/23/section/17
Criminal Procedure Rule 25.14(5)(c) - Majority Verdict Procedure https://www.legislation.gov.uk/uksi/2020/759/rule/25.14/made
Watson Direction -
Watson [1988] QB 690, 87 Cr.App.R. 1 CA (not publicly available) - A ‘Watson Direction’ is a ‘give and take’ direction intended to help jurors reach a verdict.
The Watson Direction is contained in the Crown Court Compendium, Part 1 at paragraph 21-8 https://www.judiciary.uk/guidance-and-resources/crown-court-compendium/
Juror Responsibilities -
‘Your Legal Responsibilities as a Juror’ - the Notice given to all jurors before a trial commences https://assets.publishing.service.gov.uk/media/5fbe9ee0e90e077ed7351b0a/j001-eng.pdf
Jury Irregularity -
R v Connor and another; R v Mirza (On Appeal from the Court of Appeal (Criminal Division)) (Conjoined Appeals) [2004] UKHL 2 - evidence of jury irregularities https://publications.parliament.uk/pa/ld200304/ldjudgmt/jd040122/conn-1.htm
Criminal Practice Direction 8.7 - Procedure to be adopted to investigate a jury irregularity https://www.judiciary.uk/wp-content/uploads/2023/04/Criminal-Practice-Directions-2023-1-3.pdf
Solicitor-General v Stoddart [2017] EWHC 1361 - Juror in contempt of court for online research https://www.bailii.org/ew/cases/EWHC/QB/2017/1361.html
Attorney-General v Dallas [2012] EWHC 156 (Admin) - Juror in contempt of court for online research https://www.bailii.org/ew/cases/EWHC/Admin/2012/156.html
R v Young (Stephen) [1995] QB 324 - Jury consulting ouija board for information - case not publicly available but referred to in Kent Live here: https://www.kentlive.news/news/kent-news/pembury-double-murders-drunken-jury-6116526
PLEASE NOTE:
It is a pleasure to hear from you and to answer your questions, but due to the matters set out below please understand that there are certain questions I am unable to respond to:
Please bear in mind that this podcast is for general information purposes only and does not constitute legal advice.
I am unable to provide legal advice on your specific case. If you require legal advice about a specific case or legal problem it is vital that you seek legal advice from a legal professional, such as a barrister or solicitor.
Due to contempt of court provisions and other legal requirements, I am limited in what I can say about ongoing legal proceedings in any court.
The story, all names, characters, and incidents portrayed in this podcast are fictitious. No identification with actual persons (living or deceased), places, buildings, and products is intended or should be inferred.
Thank you for your understanding.
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Music and content created and recorded by Chris Kessling © 2024. All rights reserved.
External links to (and provision of information from) .gov.uk websites, the sentencing council website (sentencingcouncil.org.uk), the Judiciary website (judiciary.uk) and other information subject to Crown copyright is provided under the terms of the open goverment licence.