R v Abu Hamza
Extensive adverse publicity about a defendant does not necessarily make a fair trial impossible, because juries can be trusted to follow directions to decide the case on the evidence.
Facts
Abu Hamza, a cleric at the Finsbury Park Mosque, was convicted of offences including soliciting murder and stirring up racial hatred, through sermons he had given. Before his trial, there had been extensive and hostile media coverage of him, portraying him as a dangerous extremist and linking him to terrorism. He argued that the proceedings should have been stayed as an abuse of process, because the publicity made it impossible for him to have a fair trial, and because of delay in prosecuting him.
Legal principle
The Court of Appeal dismissed the appeal. Lord Phillips CJ said that the fact that adverse publicity may have risked prejudicing a fair trial is no reason for not proceeding with the trial if the judge concludes that, with his assistance, it will be possible to have a fair trial, and that juries can be trusted to follow the judge's directions to decide the case only on the evidence before them. The judge had given careful directions. The delay in prosecuting him was not an abuse, because the authorities had been entitled to keep the matter under review.
Related cases on prosecution decisions, abuse of process and pre-trial matters
- Attorney General's Reference (No 2 of 2001) [2003] UKHL 68, [2004] 2 AC 72
- Connelly v Director of Public Prosecutions [1964] AC 1254
- R (Corner House Research) v Director of the Serious Fraud Office [2008] UKHL 60, [2009] 1 AC 756
- R (Purdy) v Director of Public Prosecutions [2009] UKHL 45, [2010] 1 AC 345
- R v Gleeson [2003] EWCA Crim 3357
- R v Grant [2005] EWCA Crim 1089, [2006] QB 60
- R v H and C [2004] UKHL 3, [2004] 2 AC 134
- R v Horseferry Road Magistrates' Court, ex p Bennett [1994] 1 AC 42
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