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13 February 2026 / Paul McKeown , Adrian Keane , Sally Stares
Issue: 8149 / Categories: Features , In Court , Criminal , Procedure & practice
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Are you sure?

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Paul McKeown, Adrian Keane & Sally Stares analyse the problems with the current directions on the criminal standard of proof
  • A new survey highlights a serious risk that jurors understand ‘sure’ as ‘absolutely certain’, and suggests that juries need more help on the types of doubt that require acquittal.
  • It also found that comparison with important decisions in life is confusing and dilutes the standard, and that juries may need a direction that the standard does not vary according to the seriousness of the offence.

In the most recent edition of the Crown Court Compendium (December 2025), the ‘Example’ direction on the criminal standard of proof remains unchanged from previous editions: ‘The prosecution will only succeed in proving that D is guilty if you have been made sure of D’s guilt. If, after considering all of the evidence, you are sure that D is guilty, your verdict must be guilty. If you are not sure that D is guilty, your verdict must be not guilty.’

The Compendium’s

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NEWS
Calls to raise the age of criminal responsibility from 10 to 14 have been renewed, with the Bar Council arguing the current threshold criminalises children too early and risks pushing them towards lifelong offending
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
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