KS v R [2010] EWCA Crim 1756 (23 July 2010)

The requirements of section 44(5) Criminal Justice Act 2003 were not established; reasonable and proportionate jury protection measures could sufficiently mitigate the risk of jury tampering.

Source-derived case information.

Citation: [2010] EWCA Crim 1756
Parties: Defendant: KS; Respondent: Regina
Jurisdiction: England and Wales
Judgment Date: 23 July 2010
Procedural Posture: Criminal Appeal / Interlocutory Appeal Against Order for Trial Without Jury
Outcome: Appeal allowed
Legal Topics: Jury Tampering, Trial by Judge Alone, Jury Protection

Criminal Law Procedure Jury Tampering Trial by Judge Alone Jury Protection

Source-derived case record

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2

Parties

Defendant

Regina

Respondent

Procedural Posture

Criminal Appeal / Interlocutory Appeal Against Order for Trial Without Jury

Legal Issues

1 Whether the requirements for trial without jury under section 44(5) Criminal Justice Act 2003 were met
2 Whether reasonable steps could be taken to prevent jury tampering

Ratio Decidendi

The requirements of section 44(5) Criminal Justice Act 2003 were not established; reasonable and proportionate jury protection measures could sufficiently mitigate the risk of jury tampering.

Court Disposition

Appeal allowed

Orders

Order for trial without jury set aside
Trial to proceed with jury and appropriate protective measures

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