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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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MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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