Following Wednesday’s news that ex-professional footballer Ryan Giggs will be facing a retrial at Manchester Crown Court next year, we explore what a retrial is and the reasons why one might occur.
What is a retrial?
This is a trial that takes place for a second time to decide whether a Defendant is guilty or not guilty. The same parties come to Court again, the Defendant faces the same charges but new evidence can be called. A completely new jury is sworn in and the (re)trial begins.
Why does a retrial take place?
Usually when the jury cannot reach a verdict. A jury is made up of 12 randomly selected people from the local area. Once all evidence has been called the Judge invites the jury to reach a unanimous verdict (where all 12 jurors agree) but, if this becomes difficult, the Judge may allow them to reach a majority verdict of at least 10 people. There is no set timescales for this and it will depend on the length and complexity of the trial. If the majority falls short of this number then the jury must be discharged. This is sometimes referred to as a ‘hung jury’.
Other less common reasons include an order of a re-trial by the Criminal Court of Appeal a re-trial following a ‘tainted acquittal’ (i.e. jury intimidation), an irregularity in the former proceedings that resulted in the jury being discharged and a re-trial where new and compelling evidence comes to light.
In Ryan Giggs’ case, a retrial was considered and subsequently ordered because the jury failed to agree upon a verdict.
In instances like this, the Crown Prosecution Service must consider whether it is in the public interest to have a retrial. This decision should be made as soon as possible and communicated to all parties. If the CPS decide to pursue a retrial, they must make an application to the Court where the Judge would either agree and order a retrial or dismiss the application and acquit the Defendant.
The CPS, when making their decision, should consider the following factors:
- The merits of the case;
- Likely reasons for the jury’s failure to reach a verdict;
- The public interest in seeking a verdict;
- The interests and views of the victim(s);
- Any views expressed by the trial judge;
- Prosecuting Advocate’s opinion; and
- The views of the police.
Following the first trial, the presumption is that there will be a retrial if the jury fail to reach a decision upon which they agree. However, high-profile cases and those crimes of a very serious nature are more likely to receive a retrial because it would be considered to be in the public interest.
If, at retrial, the jury again fail to reach a verdict then the presumption shifts to one of no retrial. Only in very exceptional circumstances should the CPS seek a third trial.
What happens if there is no retrial?
If the CPS decide not to seek a retrial, or the Judge disagrees with their application, then the defendant is acquitted and receives no conviction.