Simon Spence QC has been featured in The Guardian's front page lead story commenting on the recent Colston Four case acquittal and a potential referral to the Court of Appeal by the Attorney General.
Under Section 36 of the Criminal Justice Act (CJA) 1972, when a defendant has been acquitted of a crime, the Attorney General has the power to seek the opinion of the court of appeal on a point of law.
“The issue here as I see it is more that the attorney general does not like the jury’s verdict rather than that any point of law has arisen. The allegation was criminal damage, which is a very straightforward offence [for a judge] to direct juries about. My concern about this particular situation is that it appears to be politically driven rather than legally driven, and that is not what section 36 is intended for.”
Read piece here: [The Guardian]