Still Missing UK - Bernadette Walker, 17, left parent's car, Peterborough, 21 July 2020 *Arrests* #2

[Kitkat28]

I’m interested to know, what are the ‘criteria’ for want of a better word for being put on trial together versus separately for crimes against one victim?

 

[MsMiniSleuth]

The Telegraph has been reporting two each all along.

This from January 29 hearing:

Scott is charged with murder and two counts of perverting the course of justice, while Sarah faces two counts of perverting the course of justice.

Dad of missing Peterborough teenager Bernadette Walker pleads not guilty to murder

 

[MsMiniSleuth]

Yet this from The Mirror of March 19 this year:

Sarah Walker, 38, the mum of missing Bernadette, 17, pleaded guilty to two counts of perverting the course of justice in a hearing at the Old Bailey via video link.

She also denied two further counts of the same charge at the hearing.

Sarah Walker denied two similar charges, which also alleged the couple gave "the impression that Bernadette Walker was alive" and that they knew she was dead.

Scott Walker denied all four counts of perverting the course of justice.

Mum of teen allegedly murdered by dad admits lying to police about disappearance

 

[MsMiniSleuth]

13:11 KEY EVENT

Trial delayed
Not enough of the jurors summoned to the court today were able to commit to the five week duration that the trial is expected to last.

More jurors will be summoned to the court next week, where hopefully the trial will be able to begin.

While 12 jurors are needed for the trial to take place, often 14 or more will listen to high profile and long cases such as this if some jurors are taken ill or cannot complete the trial.

We'll be covering this case

Live updates as Bernadette Walker murder trial opens in Cambridge

 

[Tortoise]

I’m interested to know, what are the ‘criteria’ for want of a better word for being put on trial together versus separately for crimes against one victim?

Severance
When drafting an indictment, bear in mind the possibility of an application at the Crown Court for severance of the counts into separate trials. Severance may be ordered where the admissibility of the evidence is not the same against each defendant or where the case would otherwise be too long and complicated. Arguments in favour of a joint trial would include not just a saving of time and money but also that fairness dictates that the same verdict and same treatment be given to the Defendants.

CrimPR 3.21(4) sets out a power to order separate trials by severing the indictment.

Under CrimPR 10.2(4)(c), an indictment can contain "any other count charging an offence that the Crown Court can try and which is based on the prosecution evidence that has been served". An improperly joined count no longer makes the indictment a nullity - R. v Williams (Malachi Lloyd) [2017] 2 Cr. App. R. 7.

Severance results in two or more separate indictments and the Prosecution will have to decide on how to proceed if faced with the possibility of two trials.

See CrimPD 10A.3 to 10A.5.

Williams (Malachi Lloyd) considered a scenario where the Court wrongly exercised its power and failed to order separate trials where counts were not founded on similar facts and did not form a series. Notes under CrimPR 3.21(4) now state that ‘Any issue arising from a decision under this rule may be subject to appeal to the Court of Appeal’.

See Smith [1997] 1 Cr. App. R. 390; Lockley [1997] Crim. L.R. 455; McGrath [2014] Crim. L.R. 144

Drafting the Indictment | The Crown Prosecution Service



The answer may be in there somewhere.

 

[mrazda71]

Dang it jurors!

I volunteer ‍

 

[Alyce]

The Crown Court
at Cambridge

Daily Courtroom List for Monday 14 June 2021
FINAL 1

CAMBRIDGE

Court 1 - sitting at 10:30 am

Mrs Justice McGowan




For Trial
T20207197
WALKER Scott 35NT1729420

WALKER Sarah 35NT1729420

CAMSM Crown Prosecution Service

 

[MsMiniSleuth]

Dang it jurors!

I volunteer ‍

Let's hope it's a full house of jurors tomorrow morning!

 

[Skigh]

Let's hope it's a full house of jurors tomorrow morning!

Hope they do not phone in sick after too much sun and alcohol supporting the football.

 

[HollyHunter9]

The Crown Court
at Cambridge

Daily Courtroom List for Monday 14 June 2021
FINAL 1

CAMBRIDGE

Court 1 - sitting at 10:30 am

Mrs Justice McGowan




For Trial
T20207197
WALKER Scott 35NT1729420

WALKER Sarah 35NT1729420

CAMSM Crown Prosecution Service

So are they both on trial at the same time? Is that usual? (Sorry if this seems a silly question but I'm not very familiar with the court process).

 

[Tortoise]

So are they both on trial at the same time? Is that usual? (Sorry if this seems a silly question but I'm not very familiar with the court process).

Yes and yes.

Even though SaW isn't charged with murder she is charged with acts which covered it up, in unison with ScW. The jury probably needs to understand the whole case to judge her role, to see it in context and as the post above about separate/joint trials indicates, it wouldn't be equitable if different juries gave different verdicts on the same facts. They could apply to have separate trials, but haven't.

 

[HollyHunter9]

Yes and yes.

Even though SaW isn't charged with murder she is charged with acts which covered it up, in unison with ScW. The jury probably needs to understand the whole case to judge her role, to see it in context and as the post above about separate/joint trials indicates, it wouldn't be equitable if different juries gave different verdicts on the same facts. They could apply to have separate trials, but haven't.

Thank you for explaining this! That does make sense, I'd just not followed a case before where both were on trial at the same time...one for murder and one for perverting the course of justice. This is what I love about WS...I'm always learning something new!

 

[Homo Habilis]

I hope those jurors appreciate how bloody lucky they are!

 

[Marg from Oz]

What happens if there is No one who will commit to being a juror for 5 weeks?

 

[Tortoise]

I hope those jurors appreciate how bloody lucky they are!

Are you going to try to get in the public gallery? Or am I thinking of the wrong person..?

 

[Tortoise]

What happens if there is No one who will commit to being a juror for 5 weeks?

It would be highly unusual with a fresh pool of jurors called every Monday morning. Usually they call too many and have to send some away.

 

[Homo Habilis]

Are you going to try to get in the public gallery? Or am I thinking of the wrong person..?

Yes, I definitely want to get in there. Not sure when. Possibly Tuesday.

 

[Skigh]

It would be highly unusual with a fresh pool of jurors called every Monday morning. Usually they call too many and have to send some away.

Do we know whether they managed to find the correct number of jurors on Thursday afternoon and Friday or are they still waiting to select them tomorrow?

 

[Smithpanes]

Do we know whether they managed to find the correct number of jurors on Thursday afternoon and Friday or are they still waiting to select them tomorrow?

Think we are waiting until tomorrow to find the rest needed?

 

[Tortoise]

Do we know whether they managed to find the correct number of jurors on Thursday afternoon and Friday or are they still waiting to select them tomorrow?

I don't know whether they just need to find a few more to make up the number, or if they need to start from scratch tomorrow. I do know that a new pool of jurors turn up on Monday each week and there is an excess over what is needed so the ones not selected for a trial beginning on the Monday have to return each day until they are picked.