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28 May 2020 / Michael Zander KC
Issue: 7888 / Categories: Features , Procedure & practice , Criminal
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The criminal standard of proof: how sure is sure? Pt 2

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Is it ‘being sure’ or ‘proof beyond a reasonable doubt’? Michael Zander on how the judge directs the jury…& what jurors think
  • Beyond reasonable doubt: confusing jurors.
  • Level of proof through history: a refusal to use percentage requirements.
  • Being ‘sure’: reasonable and unreasonable doubts.

On April 27, The Times informed readers that judges had been urged to stop using the phrase ‘beyond reasonable doubt’ because it ‘confused jurors’ (‘Judges told to drop reasonable doubt’: https://bit.ly/2zWyQ8S). In official guidance for the judiciary they were instead advised to tell jurors that they must be ‘satisfied so that they are sure’. The same story ran in other papers.

The story was incorrect. His Honour Judge Hatton (director of training for courts at the Judicial College) went so far as to describe it as ‘lazy and inaccurate journalism’ (email to the writer, 5 May 2020).

There has been no change. The Times quoted The Crown Court Compendium, published in December 2019,

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MOVERS & SHAKERS

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson appoints Paula Myers to private capital team in Leeds

mfg Solicitors—five promotions

mfg Solicitors—five promotions

Law firm mfg Solicitors announces five promotions at Birmingham office

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

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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