ADEQUACY OF JURY DIRECTIONS AND SUMMING UP

A conviction for rape was unsafe where the judge omitted to discuss the need for a Lucas direction with counsel before speeches, had not discussed the proposed terms of his jury directions with counsel or produced any written drafts, and had failed to provide the jury with the clear assistance to which they were entitled in his summing-up, especially in relation to potential evidence of distress, corroboration and motive to lie.

[2012] EWCA Crim 1566

An offender’s conviction for murder was safe where no criticism could be made either of the judge’s summing up or of the directions given to the jury.

[2010] EWCA Crim 1683