Information Note on the Court’s case-law No.
February 1997
Gregory v. the United Kingdom - 22299/93
Judgment 25.2.1997
Article 6
Criminal proceedings
Article 6-1
Impartial tribunal
Judge's decision to deal with an allegation of racial bias in a jury trying a black defendant by means of a redirection rather than a discharge: no violation
[This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions). Its formatting and structure may therefore differ from the Case-Law Information Note summaries.]
I.ARTICLE 6 § 1 OF THE CONVENTION
Reiteration of the importance of securing the impartiality of a tribunal including a jury from a subjective as well as an objective point of view.
Subjective bias: the jury note did not constitute proof of actual or subjective bias.
Objective bias: judge's redirection was clear, detailed and firmly worded - jury instructed to put out of their minds any thoughts of prejudice of any form and to try the case on the evidence alone - no further allegations of racial bias - could be concluded that the judge had offered sufficient guarantees in the circumstances to dispel any objective doubts about the jury's impartiality - discharge of a jury not always required to achieve this aim.
Conclusion: no violation (eight votes to one).
II.ARTICLE 14 OF THE CONVENTION IN CONJUNCTION WITH ARTICLE 6
No separate issue arises under this head.
Conclusion: no violation (unanimously).
© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.
Click here for the Case-Law Information Notes
Full & Egal Universal Law Academy