Ingleton, R. v

Ingleton, R. v

The presence of a police officer juror who personally knew all police witnesses created a real possibility of apparent bias. The judge failed to conduct sufficient factual inquiry and did not keep the decision under review when further issues arose. Justice was not seen to be done, rendering the convictions unsafe.

Parties
Prosecution: Regina; Appellant: Alan Ingleton
Jurisdiction
England and Wales
Judgment Date
25 October 2007
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal allowed; convictions quashed; retrial ordered
Legal Topics
Apparent Bias, Jury Discharge, Police Officers as Jurors, Retrial, Reporting Restrictions
Criminal Law Jury Management Procedural Fairness Apparent Bias Jury Discharge Police Officers as Jurors Retrial Reporting Restrictions

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Alan Ingleton

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the presence of a police officer juror who personally knew all police witnesses created apparent bias
  2. 2 Whether the judge erred in failing to discharge the jury when another juror disclosed prior acquaintance with the appellant
  3. 3 Whether the convictions were unsafe due to these circumstances

Ratio Decidendi

The presence of a police officer juror who personally knew all police witnesses created a real possibility of apparent bias. The judge failed to conduct sufficient factual inquiry and did not keep the decision under review when further issues arose. Justice was not seen to be done, rendering the convictions unsafe.

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, 9, and alternative dangerous driving allegation