Court case involving Albion players - the (new) only thread allowed - ALL found NOT GUILTY

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Court case involving Albion players - the (new) only thread allowed

TalkSport (Robyn Schonhofer): Clarification - retrial is not certain. Judge set a deadline of next Friday for the date, if there is to be one, to be fixed.

However, prosecution reported as stating they are demanding a re-trial.

In what case do prosecution this then should be a retrial? Do they think the jury have not considered the evidence properly or just based in that they have taken too long?

 

[Nadger]

Retrials: Legal Guidance: The Crown Prosecution Service

Failure of Jury to Agree on a Verdict

There is a presumption that the prosecution will seek a re-trial where a jury fails to agree on a verdict at the first trial.

The following factors should be taken into account when considering a re-trial in these circumstances.

1. The merits of the case

Is there still a realistic prospect of a conviction?
Have any material changes occurred during the course of the first trial?
Are the witnesses willing, and available, to give evidence again?
2. Likely reasons for the jury's failure to reach a verdict

Was the failure to reach a verdict perverse? If so, a retrial is likely to be appropriate.

Is there a suggestion that the jury was influenced by factors other than the evidence?
This might bear investigation for an offence of jury interference (see Retrial following a tainted acquittal below).
3. The public interest in seeking a verdict. Consider the following factors:

the seriousness of the offence;
the length of time since the offence was committed;
the likely delay until the case can be re-tried;
whether the defendant is in custody;
the likely sentence if the defendant is ultimately convicted; and
the consequences of proceeding or not (for example, any effect on linked or co-defendants).
4. The interests and views of the victim(s) .

5. Any views expressed by the trial judge.6. Prosecuting Advocate's opinion.7. The views of the police.

 

[shaolinpunk]

CPS guidance on a retrial:

Failure of Jury to Agree on a Verdict

There is a presumption that the prosecution will seek a re-trial where a jury fails to agree on a verdict at the first trial.

The following factors should be taken into account when considering a re-trial in these circumstances.

1. The merits of the case

Is there still a realistic prospect of a conviction?
Have any material changes occurred during the course of the first trial?
Are the witnesses willing, and available, to give evidence again?

2. Likely reasons for the jury's failure to reach a verdict

Was the failure to reach a verdict perverse? If so, a retrial is likely to be appropriate.

Is there a suggestion that the jury was influenced by factors other than the evidence?
This might bear investigation for an offence of jury interference (see Retrial following a tainted acquittal below).

3. The public interest in seeking a verdict. Consider the following factors:

the seriousness of the offence;
the length of time since the offence was committed;
the likely delay until the case can be re-tried;
whether the defendant is in custody;
the likely sentence if the defendant is ultimately convicted; and
the consequences of proceeding or not (for example, any effect on linked or co-defendants).

4. The interests and views of the victim(s) .
5. Any views expressed by the trial judge.
6. Prosecuting Advocate's opinion.
7. The views of the police.

 

[bobzam]

Sky news have provisional date for retrial down as April 22nd

 

[Bozza]

The only thing that will be different is the jury - this does appear to be that any verdict reached (if at all)to some degree is based on chance. ?

That was my thought initially, but there are certain to be differences. Neither side got the result they wanted and they'd analyse why.

If they asked a question this time round and didn't get the answer they wanted, they'll not ask the same question next time as they'll get the same answer.

It must be like a bizarre game of chess where you know almost exactly what moves your opponent will play.

 

[Hillian1]

Does the prosecution press for a re-trial and the decision for a re-trial is then made by the CPS ?

Prosecution.
If the the re-trial sees the Jury fail to come to a decision then, and if I remember correctly, the Judge will ask the Defence if they would like another re-trial.

 

[arewethereyet?]

A re-trial is not automatic is it? Don't the CPS have to decide whether to go ahead or not?

Yes they do, and Im sure they will look at the fact that many. many. many hours were spent deliberating and they could only agree on one charge and that by all accounts was by a majority. Will there be a realistic chance of a new jury passing a verdict ?

 

[Tony Towner's Fridge]

I Scotland we have a 'not proven' verdict which I presume would have been applied here. Very unsatisfactory outcome here, especially because it near enough rules Dunc out for the rest of the season.


TNBA

TTF

 

[matt]

It must be like a bizarre game of chess where you know almost exactly what moves your opponent will play.

And make more money the longer you take to complete the game...

 

[BensGrandad]

Do the CPS have the final say on whether or not a retrial is set.

 

[Garage_Doors]

TalkSport (Robyn Schonhofer): Clarification - retrial is not certain. Judge set a deadline of next Friday for the date, if there is to be one, to be fixed.

However, prosecution reported as stating they are demanding a re-trial.

On what basis does the prosecution have the right to "demand" a re trial?
I can understand them wanting, or even wishing a re trail.
But how can they demand one?

 

[Kalimantan Gull]

I don't really get this. Whats the point of a jury trial if you don't like the result you get another go? Is this essentially the same as an appeal against the (failure to get a) verdict?

 

[shaolinpunk]

I don't really get this. Whats the point of a jury trial if you don't like the result you get another go? Is this essentially the same as an appeal against the (failure to get a) verdict?

I think of it as a cup match - there has to be a winner but this time it is a draw so there will be a replay. Admittedly that analogy falls apart when you get into what happens if the second trial ends the same way or the CPS decides not to go ahead with it

 

[Norman Baker suck my lozenge]

That is not true. Only cleared of 1 charge.

have you nothing better to do?

 

[Driver8]

Court case involving Albion players - the (new) only thread allowed

I think of it as a cup match - there has to be a winner but this time it is a draw so there will be a replay. Admittedly that analogy falls apart when you get into what happens if the second trial ends the same way or the CPS decides not to go ahead with it

Penalties?

 

[shaolinpunk]

have you nothing better to do?

It's true though, he still faces the other charge. Some people seemed to think he was cleared of everything when the news first broke

 

[amexee]

Am I right in thinking that the jury has found that


Dunk did not gain any sexual satisfaction from witnessing a sexual act,

But

No decision has been made as to whether he actually participated in a sexual assault.


As for the rest, no decision on anything!

 

[Country Seagull]

I think of it as a cup match - there has to be a winner but this time it is a draw so there will be a replay. Admittedly that analogy falls apart when you get into what happens if the second trial ends the same way or the CPS decides not to go ahead with it

Toss a coin?

 

[Buzzer]

Toss a coin?

Soggy Biscuit? Loser cops the lot, the rest go free.

 

[BHAFC_AMEX]

So the requirements for a re-trial are whether a majority verdict is likely to be achieved next time around (in a sense)?

If so, does the fact that the prosecution have demanded a re-trial mean that they believe the jury was nearing a majority in favour of them for the other 7 charges?

I've tried to be as careful as possible in that post. The second line is an actual question rather than a guess/assumption.