Wednesday, November 10, 2010

Lucas direction

If the prosecution seeks to rely on the fact that the defendant lied (for example, to police), it is sometimes necessary for the judge to give a direction to the jury.

The direction has three parts

1) The judge should tell the jury that the lie is only evidence of guilt if they are satisfied it was made deliberately.

2)The judge should remind the jury that people might lie not because they are guilty but for other reasons (for example, to bolster a weak case, to protect someone, out of panic or to cover up disgraceful behaviour).

3)The judge should tell the jury that the lie alone is insufficient evidence and they should look to see if the other evidence corroborates guilt.


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