Practice and Procedure

R v MOHAMMED ABUL KHAIR ALI (2012)

PUBLISHED December 11, 2012
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[2012] EWCA Crim 2762

In discharging a single juror who knew a potential witness, the judge had not erred in his decision not to question the remaining jurors to ensure there was no risk of contamination. He was in the best position to understand the background to the way matters had developed and there might have been a risk in telling the jury why a member had been discharged and raising in their minds possibilities of impropriety which did not exist.

CA (Crim Div) (Gross LJ, MacDuff J, Judge Elgan Edwards QC (Recorder of Chester))

11/12/2012

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