R v Haynes
| Jurisdiction | England & Wales |
| Judgment Date | 02 February 2004 |
| Date | 02 February 2004 |
| Court | Court of Appeal (Criminal Division) |
COURT OF APPEAL Criminal Division
Before Lord Woolf, Lord Chief Justice, Mr Justice Richards and Mr Justice Henriques
Criminal procedure - summing up in criminal cases - wise for judges to welcome assistance
Judges summing up in criminal cases should make it clear that they welcomed assistance on legal matters from counsel, since that might avoid the need for an appeal and the possibility of injustice.
The Court of Appeal, Criminal Division (Lord Woolf, Lord Chief Justice, Mr Justice Richards and Mr Justice Henriques) so stated on February 2, 2004 in allowing an appeal by Steven William Haynes against his conviction on October 25, 2002 at Snaresbrook Crown Court (Judge Bing and a jury) for aggravated vehicle taking.
THE LORD CHIEF JUSTICE said that before summing up, the judge had asked counsel for assistance on certain legal matters in the absence of the jury.
However, the judge had made it clear to counsel for both sides that he did not require assistance on identification, that he would adaptR v TurnbullELR ([1977] QB 224) to the case.
It was unwise of the judge to indicate that he did not want assistance from counsel. If he had not done so, it was quite clear that after he had summed up and before the jury had retired he would have had his attention drawn to the fact that the summing up had failed to deal adequately with identification.
It was always wise for judges to make it...
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