The jury in the trial of former Manchester United footballer Ryan Giggs has been discharged after failing to reach verdicts on charges of assault and controlling behaviour. The Crown Prosecution Service (CPS) now has seven days to decide whether to seek a retrial. The outcome of the case and the prospect of a new trial are two notable features of criminal procedure in England and Wales, which is markedly different to that in Scotland.
In the Scottish criminal justice system, the most serious cases are heard by a judge or sheriff and jury of 15 members of the public, where a simple majority (eight out of 15) is required to return a verdict of guilty or not guilty. Scots law, uniquely, also has a third verdict of “not proven”, which has the same effect as a not guilty verdict and means the accused is acquitted. Whatever the outcome, subject to any appeal, the jury’s verdict is the end of the matter.
By contrast, in England and Wales the jury is made up of 12 members of the public who are asked to reach a unanimous verdict of guilty or not guilty. If they are unable to make a unanimous decision after a period of deliberation, the judge can allow the jury to reach a majority verdict of at least 10 people.
However, where the jurors still cannot agree upon a verdict – as in the Giggs trial – the judge will discharge the jury. In those circumstances, the prosecution can seek a retrial if it is considered in the “interests of justice”.
Giggs was charged with assaulting his ex-partner Kate Greville and her sister during a row at his home, and engaging in controlling and coercive behaviour between August 2017 and November 2020. The trial at Manchester Crown Court also heard evidence of the intimate love poems the couple exchanged during their relationship, which attracted much attention in the mainstream media and ridicule on social media. Ultimately however, the jury couldn’t come to a verdict and they were discharged.
In considering whether to seek a retrial before a new jury, the CPS will take into account a number of factors including, but not limited to, the merits of the case, the likely reasons for the jury’s failure to reach a verdict, the public interest, and the views of the complainer. Should a second trial result in another hung jury, the presumption is that the prosecution will not seek a third trial, but they can do so in exceptional circumstances.
In Scotland, the current system is under review. No system is perfect, but a positive feature of Scots criminal law is the principle of finality.
