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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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Devonshires—Rebecca Eastwood

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Housing management and property litigation practice strengthened by Leeds partner hire

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Commercial litigation team welcomes senior associate in Birmingham

NEWS
A ‘parallel justice system’ is developing due to the increased use of Out of Court Resolutions (OOCRs), magistrates have warned
The government’s plan to cut jury trials could ‘cause more delays than it could ever serve to reduce’, veteran silk Geoffrey Robertson KC has warned
Artificial intelligence (AI) could be used to generate faster and cheaper transcripts of criminal court proceedings, ministers have announced
Solicitors practising litigation have been issued with a Law Society practice note following the Court of Appeal’s judgment in Mazur
Sir Andrew McFarlane has retired from the judiciary, following nearly eight years as president of the Family Division and president of the Court of Protection
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