Court of Appeal Upholds Conviction in Khan Abdul v R, Addressing Disclosure Failings and Jury Misconduct

Citation: [2023] EWCA Crim 1477
Judgment on


In the case of Kahn Abdul v R, the Court of Appeal (Criminal Division) adjudicated on an appeal against conviction premised on claims of improper disclosure by the prosecution and alleged jury misconduct. The judgment, presided by LORD JUSTICE WILLIAM DAVIS, along with MRS JUSTICE FARBEY and HIS HONOUR JUDGE KEARL, scrutinized the arguments presented by the appellant and responded to each with legal reasoning. The case accentuates essential principles of criminal procedure and jury conduct within the UK legal system.

Key Facts

Abdul Khan was convicted for sexual offences against two complainants, referred to as C1 and C2, which occurred three years apart in analogous circumstances. The appellant’s grounds for appeal were twofold: First, alleged failings in the prosecution’s duty to disclose relevant material, which the defence argued compromised the fairness of the trial. Second, accusations pertaining to jury misconduct based on a note from a juror suggesting racial bias and a hasty decision without due deliberation, and a later letter elaborating on this concern.

Disclosure Failings

The appellant’s defence highlighted two key forms of disclosure failings: general and specific. The general complaint addressed incomplete disclosure processes with significant failings on the prosecution’s side, while the specific instances included contact between the police officer and complainants not being disclosed, and the late disclosure of a witness statement and associated video material.

The legal principle that underpins disclosure obligations is set out in the Criminal Procedure and Investigation Act 1996. The prosecution is required to disclose all material that might undermine their case or assist the defence’s case. This ensures the defendant’s right to a fair trial guaranteed under Article 6 of the European Convention on Human Rights.

However, the court found that there was no indication that non-disclosed material would have impacted the safety of the convictions. Additionally, the court referenced section 78 of the Police and Criminal Evidence Act 1984, citing that it applies to prosecution evidence, which the disclosure issues did not amount to. The application of these principles led to the court’s dismissal of these grounds.

Jury Misconduct

The appellant’s concerns regarding jury misconduct invoke well-established principles regarding the sanctity of jury deliberations. These are premised on the understanding that the jury’s deliberation process is confidential and protected from scrutiny, barring exceptional circumstances where it is proven that the jury completely repudiated their oath of impartiality as per R v Essa [2023].

To address these concerns, the presiding judge applied a practice direction from CPD Part VI 26M and R v Gregory (1998), which allows the court to reaffirm the jury’s commitment to impartiality by posing direct questions but does not permit intrusion into the content of the deliberations.

The court declined the application for investigation by the Criminal Cases Review Commission and any further inquiry, in line with the principles stated above, maintaining that the jury deliberations remain inviolate unless exceptional circumstances justify otherwise.


The court meticulously addressed each claim of disclosure failing and found them to be either without prejudice to the defendant or adequately corrected during the trial, thus upholding the integrity of the trial process. Furthermore, the allegations of jury misconduct were addressed and deemed insufficient to disrupt the confidentiality of deliberations or prove bias that could affect the verdict’s safety. The appeal for leave to appeal against conviction was therefore denied.


The court’s judgment in Kahn Abdul v R reasserts the crucial tenets of the criminal justice system concerning disclosure and jury deliberations. It highlights the prosecution’s continuous obligation for disclosure under the Criminal Procedure and Investigation Act 1996. It moreover reaffirms the inviolability of the jury’s deliberation process, a principle upheld to maintain the jury system’s credibility, as emphasized in R v Essa and R v Gregory. This analysis elucidates that the application of these legal principles in Abdul’s case yielded no arguable grounds for appeal, thereby affirming the original conviction.

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