A Level Law Practice Exam

What procedure can be followed if a jury acquitted a defendant due to a judge's mistake in law?

1. The acquittal can be overturned immediately

2. The prosecution can appeal to the Supreme Court

3. The point of law can be referred to the Court of Appeal

4. The case is retried in the same court

The correct answer is: The point of law can be referred to the Court of Appeal

When a jury acquits a defendant, it generally represents a final decision on the matter, with a strong emphasis on the principle of double jeopardy, which prohibits a person from being tried twice for the same crime. However, in instances where a jury's acquittal has been influenced by a significant mistake in law made by the judge, there are specific procedures in place to address this situation. Referring the point of law to the Court of Appeal is the appropriate course of action in these instances. This process allows for an examination of the legal issues that led to the jury's decision without undermining the foundational principle of a jury's verdict. If there is a clear mistake in law, it presents an opportunity for higher judicial authority to review and clarify legal standards, which can help prevent similar errors in future cases. Other options do not effectively accommodate the legal framework surrounding acquittals. Overturning the acquittal immediately would violate the double jeopardy principle, while appealing directly to the Supreme Court is not typically permissible in this situation as it would involve procedural steps that are not standard practice. Retrying the case in the same court after an acquittal is also a breach of the principle of double jeopardy, as it suggests a person could