Hanif & Anor, R v (No 2)

Hanif & Anor, R v (No 2)

The presence of a police officer juror who knew a police witness and whose evidence was challenged created a real possibility of bias, rendering Hanif's conviction unsafe under Article 6 ECHR. For Khan, since the police evidence was not relevant to his conviction, the tribunal was not biased and his conviction was...

Source-derived case information.

Parties
Respondent: Regina; Appellant: Ilyas Hanif; Appellant: Bakish Allah Khan
Jurisdiction
England and Wales
Judgment Date
31 July 2014
Procedural Posture
Criminal Appeal / Reference From Criminal Cases Review Commission
Outcome
Hanif's conviction set aside and retrial ordered; Khan's conviction upheld and appeal dismissed.
Legal Topics
Jury Impartiality, Article 6 ECHR, Police Officer Juror, Unsafe Conviction, Retrial
Criminal Law Human Rights Law Jury Impartiality Article 6 ECHR Police Officer Juror Unsafe Conviction Retrial

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Parties

Regina

Respondent

Ilyas Hanif

Appellant

Bakish Allah Khan

Appellant

Procedural Posture

Criminal Appeal / Reference From Criminal Cases Review Commission

Legal Issues

  1. 1 Whether the presence of a police officer juror violated Article 6 ECHR and rendered the convictions unsafe
  2. 2 Whether the tribunal was impartial and independent in respect of Hanif and Khan

Ratio Decidendi

The presence of a police officer juror who knew a police witness and whose evidence was challenged created a real possibility of bias, rendering Hanif's conviction unsafe under Article 6 ECHR. For Khan, since the police evidence was not relevant to his conviction, the tribunal was not biased and his conviction was safe.

Court Disposition

Hanif's conviction set aside and retrial ordered; Khan's conviction upheld and appeal dismissed.

Orders

  • Retrial ordered for Hanif; indictment to be served within 56 days; directions hearing at Sheffield Crown Court as soon as practicable.
  • Appeal against Khan's conviction dismissed.