R v Denton [2007] EWCA Crim 1111, [2007] All ER (D) 192 (Apr)
The Court of Appeal considered judicial interventions and questions in a trial on indictment in light of the guidance given in R v Sharp [1994] QB 261, [1993] 3 All ER 225 (per Lord Justice Stuart-Smith at page 273).
HELD Judges must be free to clarify the true state of the evidence. There can be no fixed rules about when it is appropriate for a judge to intervene. All must depend on the facts of the individual case. Sustained questioning by the judge should be embarked on only with caution, having regard to the need for judicial restraint and the preservation both of impartiality and the appearance of impartiality. It does not however follow that even judicial interventions which of themselves might raise an eyebrow necessarily result in an unfair trial or an unsafe conviction. Such interventions or questions must be considered in the context of the evidence as a whole, of the conduct of the trial as a whole and also with regard to the summing-up (per Mr Justice Gross at para 18).
Amendment
