Court of Appeal to consider Police officers serving on juries
28/01/2008
On Tuesday 29th January 2008 the Court of Appeal will begin to hear several conjoined appeals which involve the issue of whether police officers and others involved in the criminal justice process can serve on juries in criminal trials.
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14/3/08 UPDATE: Judgment now handed down in R.v. Bakish Khan and others [2008] EWCA Crim 531 (whether police officer who knows officers who are to give evidence can serve on juries) judgment
> Trial judges must be told if police are on jury - reported in The Times Law Reports (7/4/08)
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There are currently three cases listed to be heard at the same hearing but it is possible that two other cases which also raise similar issues may also be heard at the same time.
The Court will need to consider the recent decision of the House of Lords in R.v. Abdroikov and others [2007] UKHL 37 judgment in which similar issues arose. It is clear that Crown Court judges would be assisted by further guidance as to how the principles identified in Abdroikov should be applied to cases where those employed in the criminal justice system are called for jury service.
The case of Ilyas Hanif and Bakish Khan in which the defendants were convicted of a conspiracy to supply Class A drugs involves a police officer juror who informed the judge that as a dog handler he had a passing acquaintance with a police officer who was to give evidence but did not inform the court that he had apparently been involved in a number of police drug operations. Mark George of Garden Court North appears for Mr Hanif.
One of the other appeals raises the question of whether prison officers from the same prison as that at which the defendant was held before his trial can serve on juries and the third case involves the issue of Crown Prosecution Service staff serving on juries.
The appeals which are being heard by a panel of judges presided over by the Lord Chief Justice Lord Phillips and which also includes Sir Igor Judge Vice-President is expected to last two days.It seems likely that judgment will be reserved.
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Quick links
> 28/3/08 Appeal court delivers police juror verdict - New Law Journal (Vol 158 No 7314 pages 421 - 452). Extract below:
"I think the test should be that where there is a more than minimal challenge to the police evidence then a police officer should not serve on the jury. My argument is that anyone who is accused of a crime has a right to an impartial rather than a partial jury." Mark George
> 25/3/08 A policeman's lot - Solicitors Journal
> 24/10/2007 Jury service: should the government turn the clock back? (The Times) for commentary on the Abdroikov House of Lords case
> January 2008 Criminal Law update - for more commentary on Police officers on juries
