Court of Appeal, Criminal Division

Published April 7, 2008

Regina v Khan (Bakish Alla)

Regina v Hanif Regina v Lewthwaite

Regina v Khan (Michael Arshad)

Regina v Cross Regina v Hill

Before Lord Phillips of Worth Matravers, Lord Chief Justice, Sir Igor Judge, President, and Mr Justice Silber

Judgment March 14, 2008

It was essential that trial judges should be aware at the stage of jury selection if any potential juror was, or had been a police officer or a member of the prosecuting authority or was a serving prison officer.

The fact that a police officer serving as a juror might seem likely to favour the evidence of a police witness would not normally lead to any appearance of bias where the police evidence was not challenged or did not form an important part of the prosecution case.

The Court of Appeal, Criminal Division, so held in a reserved judgment, dismissing: (i) appeals by Bakish Alla Khan and Ilyas Hanif against their conviction at Sheffield Crown Court (Judge Keen, QC and a jury) on January 12, 2007, for conspiracy to supply a class A controlled drug; (ii) an appeal by Martin Lewthwaite against his conviction at Bristol Crown Court (Judge Darwall Smith and a jury) on October 15, 2007, for causing grievous bodily harm with intent; (iii) an appeal by Michael Arshad Khan against his conviction at Hull Crown Court (Judge Thorn, QC and a jury) on November 9, 2007, on three counts of failing to disclose property pursuant to section 353(1)(a) of the Insolvency Act 1986; (iv) an application by Roy Cross for permission to appeal against his conviction at Worcester Crown Court (Judge Mott and a jury) on December 16, 2005, for wounding with intent; and (v) an application by Stanley Hill for permission to appeal against his conviction at Liverpool Crown Court (Judge Roberts and a jury) on March 16, 2007, for attempted murder.

The appeals and applications all had one common ground, that a member of the jury had, by reason of his or her occupation, an appearance of bias. The jurors in question were a serving police officer, an employee of the Crown Prosecution Service and two prison officers.

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