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23/07/19

Retrials | Kangs National Criminal Defence Solicitors

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Further to previous articles posted to this website entitled `Trial By Jury' and ‘Jury Verdicts’, Nazaqat Maqsoom of Kangs Solicitors explains circumstances which may lead to a retrial.

Potential Circumstances | Kangs Criminal Defence Trial Advisors

A re-trial may be required where:

  • the Prosecution seeks one following the failure by a jury to reach an acceptable majority decision as required by law. 
  • magistrates fail to agree upon a verdict
  • the Court of Appeal orders that there should be one
  • an irregularity in former proceedings resulted in the jury being discharged
  • there was a tainted acquittal such as, for example, by jury intimidation
  • new and compelling evidence comes to light, pursuant to Part 10 of the Criminal Justice Act 2003.

No Jury Majority | Kangs Trial Procedure Advisory Solicitors

The Criminal Prosecution Service (‘CPS’) ‘Guidance for Prosecutors’ provides that the following factors should be taken into account when seeking a Retrial:

  • the merits of the case
  • likely reasons for why the jury failed to reach a verdict
  • the interests and views of the victim(s)
  • any views that are expressed by the Judge
  • the views of police and prosecuting advocate
  • most importantly, the public interest in seeking a verdict.

Failure Of A Second Trial | Kangs Criminal Procedure Advisory Team

In very exceptional circumstances, a third Trial can be ordered if the CPS is able to satisfy the court that a full review and reasoned decision has taken place and that a third trial is justifiable in all the circumstances. 

In such cases the defence may object upon grounds such as ‘abuse of process’.

How Can We Help? | Kangs National Criminal Defence Solicitors

It is crucial that if you are facing a retrial you instruct a pro-active legal team experienced in dealing with retrials.

The team at Kangs Solicitors is accustomed and experienced in assisting clients facing a retrial and provides advice and assistance to our clients confronted with the same.

Who Can I Contact For Help? | Kangs National Criminal Defence Solicitors

Arrangements can be made for a meeting at any of our offices in Birmingham, London and Manchester.

Please feel free to contact our team through any of the following who will be happy to speak to you and guide you.

John Veale
jveale@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396 | 07989 521 210 (24hr Emergency Number)

Suki Randhawa
srandhawa@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396 | 07989 521210

Amandeep Murria
amurria@kangssolicitors.co.uk
020 7936 6396 | 0121 449 9888

Helen Holder
hholder@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396 | 07989 521210 (24hr Emergency Number)

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