Hung Jury

[CaptainHogseye]

I have just returned from a retrial where the jury were unable to reach a unanimous guilty or none guilty verdict.

The defendant was found guilty on 1 of the 12 charges during the 1st trial with the jury undecided on the remaining 11 charges . While awaiting the retrial the defendant has been on remand due to the conviction for the last 6 months.

The 2nd trail today ended with 1 charge not guilty and the jury undecided on the remaining 10 charges.

My question to the PH legal types, the defendant is guilty of 1 charge, not guilty on another charge but what is the defendants status regarding the remaining 10 undecided charges.

[anonymous-user]

He's awaiting retrial on those, unless the CPS drop the charges. He's presumed innocent but could still be found guilty if the charges are pursued. The CPS will decide whether to press on. The defence could maybe argue abuse of process, and so on.

[CaptainHogseye]

Thanks for the reply, The family have told the counsel for prosecution that they do not want the daughter to go through any further retrials. We have a definite conviction which is to be sentenced next week, it's the remaining un decided charges that we were not sure about. We assume that he is not guilty in the eyes of the law. Is this correct.

[anonymous-user]

Yes. Not convicted = presumed innocent.

[CaptainHogseye]

Many thanks BV for the advice.

[eatcustard]

What would happen if the retrial was hung, would the CPS decide to give up or try for a third trial?

[matchmaker]

I have to say that, despite some flaws, the Scottish jury system has the advantage that such a situation is almost impossible.

[Starfighter]

CaptainHogseye said:

(snip)
The family have told the counsel for prosecution that they do not want the daughter to go through any further retrials.
(snip)

I would expect that the CPS will dop and further prosecution attempts if the girl is either victim or a key witness.

Is one conviction enough to get "justice" as you see it?

[CaptainHogseye]

Starfighter said:

CaptainHogseye said:

(snip)
The family have told the counsel for prosecution that they do not want the daughter to go through any further retrials.
(snip)

I would expect that the CPS will dop and further prosecution attempts if the girl is either victim or a key witness.

Is one conviction enough to get "justice" as you see it?

One conviction will equal 2 years, so therefore as a family this is better than him walking free. We are a little disappointed with the undecided verdicts, but that's the way it is.

We cannot understand how he can get a conviction during the 1st trial which was disclosed to the 2nd Jury, see the same evidence as I did which was quite damming and yet appear to not be able to make their minds up.

I feel really sorry for the little girl who is now upset as she feels no one believes her.

[XCP]

That's juries for you!

[frogspawn]

Having just done 8 weeks jury service, don't knock the system or underestimate how difficult it can be to reach a verdict.

[CaptainHogseye]

I don't believe anybody is knocking the jury system, it's just a little hard to understand what goes when they retire into their room to discuss the case. During both trials I observed the jurors and some seemed on the ball where others clearly did not want to be there, and showed very little interest.

Is there a better way..... I don't think so.

[frogspawn]

Will agree with the not interested / don't want to be here people, shame but some seem to think they have better things to do...
As to what goes on in the retiring room... Sorry can't tell you but it get somewhat stressed when you cannot agree..

[zzzzzzzzzzzzzzz]

Starfighter said:

I would expect that the CPS will dop and further prosecution attempts if the girl is either victim or a key witness.

Not necessarily in all cases. It may not be that lack of victim's oral evidence is terminal, or it may be they could apply to use their statement without witness present, or they compel the witness to appear in any case. Might be unlikely, but they're possibilities.

The CPS have tried to continue against me previously, following withdrawal of the complainant.