Simon Wiltshire, R (on the application of) v Crown Court at Bristol
[2023] EWHC 2879 (Admin)
Nigel Lloyd Hannon, R (on the application of) v The Crown Court at Bristol
24 January 2024
[2024] EWHC 105 (Admin)
High Court
A man was convicted of careless driving. He argued the judge unfairly questioned him. The court said the judge asked too many questions, but the questions were about something important from the start, and the man got to explain himself. So, the conviction was upheld.
Key Facts
- •Nigel Lloyd Hannon was convicted of driving without due care and attention.
- •The conviction was affirmed on appeal to Bristol Crown Court.
- •The appeal focused on the judge's extensive questioning of Hannon during the hearing.
- •The judge's questioning centered on the lateral movement of Hannon's trailer and his use of cruise control.
- •Hannon's own evidence, including his admission of not paying close attention and his familiarity with the road's hazards, contributed to the judge's questioning.
- •The prosecution's case rested on speed, indicator use, and the trailer's movement.
Legal Principles
Judicial interventions must not invite the jury to disbelieve the defense, prevent counsel from doing their duty, or prevent the defendant from telling their story.
R v Hamilton
Modern judges are more proactive, but there are limits, especially in criminal jury trials.
Southwark LBC v Kofi-Adu
The fairness of the trial is paramount, even if the accused appears guilty. A judge must not act as a second prosecutor; they should clarify ambiguities, not cross-examine or show hostility.
Michel v The Queen
The question is not bias but whether the judge's conduct rendered the trial unfair.
Serafin v Malkiewicz
A judge should not cross-examine the defendant; that is not their function. However, not all departures from good practice render a trial unfair.
R v Binoku
Outcomes
The application for judicial review was refused.
While the judge overstepped proper conduct by extensively questioning Hannon, this did not result in unfairness. The judge's questioning centered on a key issue present from the outset (trailer drifting), and Hannon had ample opportunity to present his case. No complaint was made at the time.