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05 July 2024 / Michael Zander KC
Issue: 8078 / Categories: Features , In Court , Procedure & practice , Discrimination
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Zander’s reflections: 5 July 2024

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Back to unanimity? Michael Zander KC is sceptical about a report that calls for the abolition of majority jury verdicts

A return to requiring jury unanimity is the central recommendation of a report published on 9 May by APPEAL, the working name of the Centre for Criminal Appeals (‘Doubt dismissed: race, juries and wrongful conviction’).

The report is authored by Naïma Sakande and Nisha Waller. Their challenging thesis regarding the history is that the introduction of majority verdicts by Roy Jenkins in the Criminal Justice Act 1967 was classist and racist:

‘Against the backdrop of tumultuous race relations in 1960s Britain, as well as the swift expansion of juror eligibility to include more working class and negatively racialised people, doubts arose about the ability of these newly diverse juries to render just decisions. These concerns were classist and racist, typified by fears that this group of freshly eligible jurors would lack the educational ability, moral integrity, or shared sense of right and wrong to come to correct and united decisions’ (p26).

APPEAL’s report is

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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