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Lord Janner case: what is a trial of the facts? Lord Janner case: what is a trial of the facts?
(35 minutes later)
In a “trial of facts”, the jury is asked to decide – on the basis of evidence adduced by prosecution lawyers and by lawyers who put the case for the defence – whether or not the accused did the acts he or she was charged with.In a “trial of facts”, the jury is asked to decide – on the basis of evidence adduced by prosecution lawyers and by lawyers who put the case for the defence – whether or not the accused did the acts he or she was charged with.
Because the defendant cannot put forward a defence, there can be noverdict of guilty and the court cannot pass sentence. All the court can do is to make a hospital order, a supervision order or an order for the defendant’s absolute discharge – where a finding of guilt is made but no conviction is registered and no order given. Related: Lord Janner to be prosecuted over child sex abuse claims
Because the defendant cannot put forward a defence, there can be no verdict of guilty and the court cannot pass sentence. All the court can do is to make a hospital order, a supervision order or an order for the defendant’s absolute discharge – where a finding of guilt is made but no conviction is registered and no order given.
Such a trial recently took place in the case of the former Luton South MP Margaret Moran, who was accused of falsely claiming more than £53,000 in parliamentary expenses. She was given a two-year supervision order.Such a trial recently took place in the case of the former Luton South MP Margaret Moran, who was accused of falsely claiming more than £53,000 in parliamentary expenses. She was given a two-year supervision order.
In Lord Janner’s case, the process would involve the alleged victims giving evidence.In Lord Janner’s case, the process would involve the alleged victims giving evidence.
A trial of the facts would most likely be strenuously opposed by Janner’s legal team, who would argue that it was an abuse of the court process to subject him to any sort of trial after adverse publicity.A trial of the facts would most likely be strenuously opposed by Janner’s legal team, who would argue that it was an abuse of the court process to subject him to any sort of trial after adverse publicity.