2.0   FUNCTIONS OF JUDGE AND JURY

LAW FROM JUDGE

"It is my function to explain to you what the law is that applies to this case. You must accept what I say about the law and act upon it."⁽¹⁾

FACTS FOR THE JURY

"The position so far as the facts are concerned is quite different. (You and I try a case together and it is my duty to give you the benefit of my knowledge of the law and to advise you in the light of my experience as to the significance of the evidence ⁽²⁾ if I think that it might help you in your deliberations.) You will of course pay careful attention to the comments of counsel for both the prosecution and the defence upon the evidence.

But you are the sole judges of the facts, it is for you to decide what evidence you accept and what you reject, what facts you find to be proved and what conclusions you draw from the parts of the evidence which you accept. In the case of each witness, consider whether he or she has been telling you the truth and whether he or she has been accurate in the account given. (In the case of each witness you may accept or reject all, or some, of what he or she has told you.)

If I seem to express a view of the facts it is your duty to reject that view if it does not appeal to you. (I do not propose to refer to every piece of evidence) and if I omit to mention evidence which you think is important you must take it into account, just as if I stress evidence which you think is unimportant you must disregard the fact that I have stressed it."

NOTE:

⁽¹⁾   The judge should only refer the jury to such law as they need to determine the issue(s) of fact before them and only to such of the evidence as goes to those issues.

⁽²⁾   For this part see Lawton LJ in R v Sparrow 57 Cr.App.R. at p.363.

ARCHBOLD 2010: 4-376

BLACKSTONE 2010: D17.26