Source: All England Reporter
Publisher Citation: [2011] All ER (D) 227 (Jan)
Neutral Citation: [2011] EWCA Crim 186
Court: Court of Appeal, Criminal Division
Judge: Elias LJ, Kenneth Parker J and the Recorder of London (judgment delivered extempore)
Representation Jeffrey Israel (assigned by the Registrar of Criminal Appeals) for B.
  Roger Sahota (assigned by the Registrar of Criminal Appeals) for N.
  Catherine Pattison (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 28 January 2011

Catchwords

Criminal law - Trial - Jury - conspiracy to traffic persons for sexual exploitation - Controlling prostitution - Juror expressing racist remark - Judge failing to discharge jury - Whether tribunal impartial - Whether judge's direction correcting effect of prejudice - Whether appearance of bias - Whether conviction unsafe.

The Case

Criminal law Trial. The Court of Appeal, Criminal Division, held in dismissing the defendants' appeal against conviction for trafficking and prostitution offences, that a fair minded and informed observer would conclude that, notwithstanding a racial comment by one member of a jury during deliberations, the jury had considered the case on its merits. Accordingly, even applying the objective test in Sander v United Kingdom (Application 34129-96)31 EHRR 44, the trial judge had been right in not discharging a jury the convictions were safe.

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