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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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

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Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The number of misconduct reports to the Financial Conduct Authority (FCA) has doubled in the past five years, after a series of industry scandals highlighted the reputational and regulatory risks involved
It’s game, set but not quite match for the All England Lawn Tennis Ground (AELTG) in its dream of expanding its West London grounds
One in four partners at top 50 and one in five at top 250 firms are considering leaving their firm in the next three years, according to a survey by TBD Marketing
A flat-rate, ‘events-based’ redress scheme for families of postmasters severely affected by the Horizon IT miscarriage of justice scandal is due to open in the summer
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