R v Khan [2008] EWCA Crim 531, [2008] All ER (D) 212 (Mar)
The appeals were each based on the ground that a member of the jury had, by reason of their occupation, an appearance of bias. The relevant jurors were: a serving police officer; a juror who was an employee of the CPS (in a case being prosecuted by the Department of Trade and Industry); and two jurors who were prison officers.
HELD (Applying R v Abdroikov;R v Green; R v Williamson [2008] 1 All ER 315):
(i) The fact that a police juror may seem likely to favour the evidence of a fellow police officer will not, automatically, lead to the appearance that he favours the prosecution. If the police evidence is not challenged or does not form an important part of the prosecution case, it will not normally do so. It will be appropriate to quash the conviction if, but only if, the effect of the juror’s partiality towards a brother officer puts in doubt the safety of the conviction and thus renders the trial unfair. The fact that a police officer has taken
