header-logo header-logo

29 July 2022
Issue: 7989 / Categories: Legal News , Criminal
printer mail-detail

NLJ this week: Juries & the meaning of ‘sure’

89136
What does ‘sure’ mean, when directing a jury on the standard of proof? Writing in this week’s NLJ, Paul McKeown, City University associate professor of law, looks at this nebulous, challengeable word, which leads to what judges call ‘dreaded questions’ from the jury

For example, telling juries to be as ‘sure’ of the defendant’s guilt as they would be when making important decisions in their own lives prompted a trip to the Court of Appeal (R v Mohammad [2022] EWCA Crim 380) where two forensic linguists provided a report on the use of the word.

McKeown continues a debate started by regular NLJ author Michael Zander two years ago, in NLJ. Academic studies on the subject have uncovered alarming variability in the public’s perception of what the word means.

McKeown writes: ‘It is hard to disagree with expert voices from the field of forensic linguistics which say the law and practice relating to the criminal standard of proof is unsatisfactory and needs to be changed. Jury questions reveal a problem of comprehension and show that juries do need more help.’ But will anything change?

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
back-to-top-scroll