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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

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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