Ingleton, R. v [2007] EWCA Crim 2999 (25 October 2007)

Ingleton, R. v [2007] EWCA Crim 2999 (25 October 2007)

There was a real possibility of bias arising from the presence on the jury of a police officer who knew all police witnesses; the judge should have excluded the juror at the outset or discharged the jury when the significance of police evidence became apparent. The convictions are unsafe and must be quashed.

Citation
[2007] EWCA Crim 2999
Parties
Prosecution: Regina; Appellant: Alan Ingleton
Jurisdiction
England and Wales
Judgment Date
25 October 2007
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; convictions quashed; retrial ordered.
Legal Topics
Apparent Bias, Jury Composition, Police Officer Jurors, Retrial, Assault, Kidnapping, Attempted Grievous Bodily Harm
Criminal Law Jury Procedure Apparent Bias Jury Composition Police Officer Jurors Retrial Assault Kidnapping +1 more

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Parties

Regina

Prosecution

Alan Ingleton

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the presence of a police officer juror who knows prosecution witnesses creates apparent bias
  2. 2 Whether the trial judge erred in not excluding the police officer juror or discharging the jury
  3. 3 Whether convictions are unsafe due to potential bias

Ratio Decidendi

There was a real possibility of bias arising from the presence on the jury of a police officer who knew all police witnesses; the judge should have excluded the juror at the outset or discharged the jury when the significance of police evidence became apparent. The convictions are unsafe and must be quashed.

Court Disposition

Appeal allowed; convictions quashed; retrial ordered.

Orders

  • Convictions on counts 3, 4, 6, and 9 quashed.
  • Retrial ordered on counts 3, 4, 6, and 9.