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Sion Jenkins, yet another retrial

Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
in Politics & Debate
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How many times can he be retried, and how is it that it's happening at all after his original conviction was quashed?

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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    From what I've read I'm surprised that no verdict was agreed...
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Not being a lawyer I'd have thought that being unable to agree should mean there is reasonable doubt
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Not necessarily. If 6 in the jury think he's guilty, and 6 believe there to be reasonable doubt, then it's a tie, instead of not guilty.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    But surely if 6 people think there is reasonable doubt that means there is reasonable doubt (ie a significant percentage of the jury think there is reasonable doubt over his guilt).

    I'm not a fan of tied juries meaning someone is either retried again and again or set free. If the jury cannot agree I think that should be treated as a not guilty.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    I think kermit would probably be the person to explain it.

    I personally would rather they were retried than found not guilty.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    The first conviction was qwashed because it was seen as unsound. However, the Law Lords didnt think he was definately innocent, so he got another trial, this ended in a hung jury and given its murder this wont do. So there is another one, or at least thats my understanding.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    The issue of hung juries is very complicated, and it isn't something I understand myself.

    I've gone and looked it up in Archbold, the Crown Court Bible, as it were.

    A jury must deliberate for at least 2 hours and 10 minutes before a direction of a majority verdict can be given by the trial judge.
    An order is discretionary after that period of time.
    In a jury of not less than eleven, 10 must agree. In a jury of 10, 9 must agree.

    If there is one hung jury, then it is common practice for a second trial. If there is a second hung jury then it is common practice for the prosecution to formally offer no evidence.
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