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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

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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