Recent Judicial Decisions
| Published date | 01 June 2008 |
| DOI | 10.1350/pojo.2008.81.2.432 |
| Date | 01 June 2008 |
| Subject Matter | Recent Judicial Decisions |
DAVID WICKS
Legal Correspondent
Email: dcw@3pumpcourt.com
DAMIAN CARNEY
Legal Correspondent
Email: Damian.Carney@port.ac.uk
RECENT JUDICIAL DECISIONS
Police Officers Serving on Juries
R v Bakish Alla Khan and Others [2008] EWCA Crim 531
Court of Appeal
14 March 2008
In five conjoined appeals, the Court of Appeal (Lord Phillips
CJ, Judge P and Silber J) considered whether the appellants’
convictions should be quashed because, in each case, one
member of the jury had, by reason of his or her occupation, an
appearance of bias. In two of the five cases, the jury member
was a serving police officer; in another two, the jury members
were prison officers; and in the fifth, the jury member was
employed by the Crown Prosecution Service.
Keywords: bias; European Convention on Human Rights,
Articles 6 and 8; fair trial; occupation of juror; police
officer; safety of conviction
The facts
R v Bakish Alla Khan: The appellants were convicted of con-
spiracy to supply a Class A controlled drug (heroin). The
prosecution evidence came from three sources: (i) police obser-
vations of the appellants during a surveillance operation carried
out by the Serious Organised Crime Agency; (ii) records of the
extensive telephone contacts between the alleged conspirators;
and (iii) evidence of searches and seizures at the time of arrest.
During the evidence of one of the surveillance officers, a juror
sent a note to the judge saying that he was a serving police
officer and knew the witness. On being questioned by the judge,
the juror confirmed that he worked as a dog handler, had known
the witness for 10 years, and had worked with him on three
occasions. He did not know the witness socially, and they had
not worked at the same police station. The judge refused an
application by the appellants to discharge the juror.
The Police Journal, Volume 81 (2008) 165
DOI: 10.1358/pojo.2008.81.2.432
To continue reading
Request your trial