When Judges go too far
Tanveer Qureshi
Barrister @ 4-5 Gray's Inn Square | Strategic Legal Advisor, Barrister
Judges play an essential role in the trial process. In addition to managing the case and directing jurors on the law, Judges also assist by clarifying the evidence of witnesses and/or asking questions of witnesses that a Judge may feel is pertinent to the jury’s consideration of the issues. It is entirely proper for a Judge to intervene in this way – these types of interventions are perfectly proper and an essential part of the trial process. On rare occasions, judicial intervention can create unfairness and in some cases render a conviction unsafe. The Court of Appeal recently declared a conviction unsafe as a result of “serious unfairness” caused by judicial intervention.
NB: Although the judgment was handed down in April 2017 owing to reporting restrictions it was not released until last week.
managing director at Greenswan Consultants Limited
6 年Dear sir, A well presented case of right to appeal and the conviction quashed.This appeal was on basis of judge's meddling and mismanagement. But, was it in the best interests of the defendant given that the defence case was very weak and exposed the defendant to further suffering and risk of higher penalty in a future retrial.It should be noted that the judgement of the case has been reported in national newspapers with a large number of photographs.Although found correctly that Judge intervened but having read the transcript, the judge in some way tried to help the defence counsel .My comments are not to cast doubt on the defendants integrity but to criticise the Defence team for being unable to assemble a reasonably good defence. .
Director
6 年Had a nose through this. In fairness the defence sounds far fetched. But judge should just recline in his chair and let what will be, be. Keeping a note on all those interventions is impressive in itself. Did she get potted on retrial?
Lawyer | Father | Creative
6 年Well done Tan!!!
BMS SOLICITORS - leading criminal defence solicitors
6 年An excellent summary of the role of the judiciary
Barrister at 9 BR Chambers and Partner at Charles Anthony LLP, International Law and Business Crime Lawyers, Bencher of the Honourable Society of the Inner Temple
6 年I am shocked that HHJ Del Fabro should have behaved in this way. I know him very well from when he was at the Bar and working with him on the South Eastern Circuit Committee. It was clear that he took a dislike of the defendant and lost his composure. His conduct was absolutely outrageous and the Court of Appeal were right to overturn the conviction. Well done Tanveer.