B & Ors, R. v [2008] EWCA Crim 1997 (15 August 2008)

B & Ors, R. v [2008] EWCA Crim 1997 (15 August 2008)

Section 11(4) of the Juries Act 1974 does not prohibit a jury from determining both the guilt of fit defendants and whether unfit defendants did the acts alleged in the same proceedings; the preparatory hearing and severance decision were within the judge's jurisdiction, and the interests of justice favour joint proceedings for D1 but not for D3.

Citation
[2008] EWCA Crim 1997
Parties
Prosecution: Regina; Defendant: B; Defendant: W; Defendant: S; Defendant: H
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, Joint Trials, Jury Empanelment, Severance of Charges, Criminal Procedure (insanity) Act 1964, Juries Act 1974
Criminal Law Procedure Fitness to Plead Joint Trials Jury Empanelment Severance of Charges Criminal Procedure (insanity) Act 1964 Juries Act 1974

Case Brief

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Parties

Regina

Prosecution

B

Defendant

W

Defendant

S

Defendant

H

Defendant

Procedural Posture

Criminal Appeal / Appeal Against Preparatory Hearing Ruling

Legal Issues

  1. 1 Whether a jury can simultaneously determine the guilt of fit defendants and whether unfit defendants did the acts alleged
  2. 2 Interpretation of section 11 of the Juries Act 1974 in context of joint trials
  3. 3 Proper procedure for severance or joinder of charges when some defendants are unfit to plead

Ratio Decidendi

Section 11(4) of the Juries Act 1974 does not prohibit a jury from determining both the guilt of fit defendants and whether unfit defendants did the acts alleged in the same proceedings; the preparatory hearing and severance decision were within the judge's jurisdiction, and the interests of justice favour joint proceedings for D1 but not for D3.

Court Disposition

appeal allowed in part

Orders

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