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England and Wales decisions
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The conviction was quashed because the jury was misdirected as to the burden and standard of proof for the reasonable excuse defence; the prosecution should have been required to prove beyond reasonable doubt that the defendant had no reasonable excuse, and the misdirection rendered the conviction unsafe.
Source excerpt
The prosecution complied with its duty to act with all due expedition by uploading the indictment, requesting listing for arraignment, and sending timely emails; the failure to arraign within the statutory period was due to court procedural errors, not prosecution delay. Leave to arraign out of time is granted.
Source excerpt
Clements, R. v [2024] EWCA Crim 849 (13 June 2024)
The Court of Appeal Criminal Division held a 9:2 verdict invalid under section 17(1) of the Juries Act 1974, annulled the conviction, and ordered a retrial.
The Court of Appeal admitted fresh evidence of a child witness’s inconsistent statements, held the conviction unsafe, allowed the appeal, and ordered a retrial.
The Court of Appeal quashed a conviction after finding retrial arraignment took place outside the statutory two-month limit without leave, making the proceedings invalid.
The Court of Appeal refused leave to arraign out of time after a retrial order, finding the prosecution had not acted with all due expedition.
Al-Jaryan, R. v [2020] EWCA Crim 1801 (07 December 2020)
The Court of Appeal refused leave to arraign out of time after a retrial order, holding the prosecution had not acted with all due expedition and directing acquittal.
The Court of Appeal quashed Abena Atta-Dankwa’s conviction for wounding with intent after a misdirection on intent and ordered a retrial on counts 2 and 3.
The Court of Appeal held it lacked jurisdiction over an interlocutory appeal because the case was not a valid preparatory hearing. It also found the hearsay ruling flawed.
The Court of Appeal refused the prosecution’s application to re-arraign Robert Dales out of time, finding it had not acted with all due expedition under section 8 of the Criminal Appeal Act 1968.
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