House of Lords

Published November 8, 2007

Regina v Abdroikov Regina v Green Regina v Williamson

Before Lord Bingham of Cornhill, Lord Rodger of Earlsferry, Baroness Hale of Richmond, Lord Carswell and Lord Mance

Speeches October 17, 2007

In certain circumstances, the inclusion of serving police officers and prosecuting lawyers on a jury might give the appearance that the defendant was not tried by an impartial and independent tribunal and therefore convictions might have to be quashed.

The House of Lords so held on appeals by Nurlon Abdroikov, Richard John Green and Kenneth Joseph Williamson from the dismissal by the Court of Appeal, Criminal Division, (Lord Woolf, Lord Chief Justice, Mr Justice Richards and Mr Justice Henriques) (The Times August 18, 2005; [2005] 1 WLR 3538) of their appeals against conviction.

Abdroikov was convicted on August 31, 2004 of attempted murder after a trial at the Central Criminal Court (Judge Beaumont, QC and a jury). Green was convicted on October 5, 2004 for assault occasioning actual bodily harm and having a bladed or pointed article, after a trial at Woolwich Crown Court (Judge Statman and a jury). Williamson was convicted on February 3, 2005 of two counts of rape after a trial at Warrington Crown Court (Judge Hale and a jury).

Mr Richard Carey-Hughes, QC, with Mr Michael Maher for Abdroikov; with Mr Richard Hutchings for Green, and with Mr Simon Berkson for the Williamson; Mr David Perry, QC and Mr Mark Heywood for the Crown.

LORD BINGHAM said that Abdroikov faced counts of theft, to which he pleaded guilty, and attempted murder, to which he pleaded not guilty. On Friday August 27, 2004, when the jury were considering their verdicts, the foreman sent a note to the judge revealing that he was a serving police officer.

Green was stopped by police officers and was searched by Sergeant Burgess, who pricked his finger on a used syringe in the defendants’ pocket. The defendant pleaded not guilty to assault occasioning actual bodily harm and having a bladed or pointed article. There was a dispute on the evidence between him and the sergeant as to the manner of the search and what was said.

After the defendant was sentenced, his solicitor discovered that PC Mason, had been a member of the jury, a fact not known to the defendant at the trial. PC Mason and Sergeant Burgess were serving in the same borough at the time and had once served in the same police station, but they did not know each other.

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