ACQUIESCENCE

In a retrial of several charges, evidence of an acquittal on one or more of the charges at the first trial should not be put before the second jury unless there was a clear inference that the first jury had rejected the testimony of a witness because it did not believe him, as opposed to thinking he might have been mistaken, and his credibility was directly in issue in the retrial.

[2011] EWCA Crim 916

Although the act of the procurator fiscal in conducting criminal proceedings before a temporary sheriff was incompatible with the offenders rights under the European Convention on Human Rights 1950 Art.6 , the offenders were held by their delay in objecting to them to have acquiesced in the resulting convictions and sentences.

[2006] UKPC D 2

Evidence of a tacit admission had been correctly admitted in evidence by the trial judge.

[2005] EWCA Crim 3082