Can you use jury in a trial in the UK?

[-gem-]

Not acting as jury in that trial, but as witnesses, directly involved in that trial? eg if there was a mistrial, and a new trial before a new jury, could you call in the old jury as witnesses?

[Buenchico]

No, because any re-trial has to take place as if there had never been a trial in the first place.

The Court of Appeal will, when deciding whether to order a re-trial, consider whether the original jury was presented with the correct evidence and whether they were correctly directed by the trial judge. Thereafter, what they were told (or how they were directed) becomes completely irrelevant. Any new trial has to 'go back to square one' and consider the original evidence (and any other relevant evidence which is admitted by the court) as if it was the first and only trial.

Chris

[dzug]

It's also difficult to see what they could be witnesses TO. They have no direct knowledge of the crime in question so would have no evidence to give.

[-gem-]

Thanks Chris!

Well I just watched a courtcase from the USA. One juror was undecided>mistrial>retrial. Defendant changed story. Prosecutor called in old jury as witnesses to testify that he had said otherwise previously.
That's the USA though, I guess we should concentrate on 1st world countries :p

[-gem-]

thanks dzug!