B & Ors, R. v

B & Ors, R. v

Section 11(4) of the Juries Act 1974 does not prevent a jury from simultaneously trying fit defendants and determining whether unfit defendants did the acts alleged under section 4A of the Criminal Procedure (Insanity) Act 1964, provided the issues are properly joined in the indictment. The judge erred in ruling that separate proceedings were inescapable for D1; joint proceedings are permissible and just in the circumstances.

Parties
Prosecution: Regina; Defendant: B; Defendant: W; Defendant: S; Defendant: H; Defendant (unfit to Plead): D1; Defendant: D2; Defendant (unfit to Plead): D3; Defendant: D4
Jurisdiction
England and Wales
Judgment Date
15 August 2008
Procedural Posture
Criminal Appeal / Appeal Against Preparatory Hearing Ruling
Outcome
Appeal allowed in part
Legal Topics
Fitness to Plead, Severance of Charges, Jury Trial Procedure, Unfit Defendants, Section 4 a Criminal Procedure (insanity) Act 1964
Criminal Law Criminal Procedure Fitness to Plead Severance of Charges Jury Trial Procedure Unfit Defendants Section 4 a Criminal Procedure (insanity) Act 1964

Case Brief

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Parties

Regina

Prosecution

B

Defendant

W

Defendant

S

Defendant

H

Defendant

D1

Defendant (unfit to Plead)

D2

Defendant

D3

Defendant (unfit to Plead)

D4

Defendant

Procedural Posture

Criminal Appeal / Appeal Against Preparatory Hearing Ruling

Legal Issues

  1. 1 Whether a single jury can simultaneously try fit defendants and determine if unfit defendants did the acts alleged under section 4A of the Criminal Procedure (Insanity) Act 1964
  2. 2 Whether the judge erred in ruling that separate proceedings were inescapable for fit and unfit defendants

Ratio Decidendi

Section 11(4) of the Juries Act 1974 does not prevent a jury from simultaneously trying fit defendants and determining whether unfit defendants did the acts alleged under section 4A of the Criminal Procedure (Insanity) Act 1964, provided the issues are properly joined in the indictment. The judge erred in ruling that separate proceedings were inescapable for D1; joint proceedings are permissible and just in the circumstances.

Court Disposition

Appeal allowed in part

Orders

  • The issue whether D1 did the acts alleged is to be determined jointly with the trial of the fit defendants under section 4A of the Criminal Procedure (Insanity) Act 1964.
  • The judge is to appoint someone to represent D1 if not already done.