Venire De Novo

33 Pages Posted: 23 Oct 2014 Last revised: 10 May 2017

See all articles by Robin Cooke (1926-2006)

Robin Cooke (1926-2006)

Victoria University of Wellington - Faculty of Law

Date Written: October 22, 1955

Abstract

In this article, Mr Cooke discusses the power of the English Court of Criminal Appeal to order a new trial (referred to as the power to grant a writ of venire de novo). He explains the origins of this power and gives examples of irregularities in the trial process that either have, or have not, been held to cause mistrials. Mr Cooke’s view is that it is difficult to fashion a satisfactory definition of “mistrial”. In his conclusion, he offers his preferred definition of “mistrial” as depriving an accused person of the protection given by essential steps in the criminal process.

Note: —Abstract by Elizabeth Chan

Keywords: Court of Criminal Appeal, venire de novo, trial, procedural irregularities, mistrial

JEL Classification: K14

Suggested Citation

Cooke, Robin, Venire De Novo (October 22, 1955). Robin Cooke, "Venire de Novo" (1995) 71 LQR 100 , Victoria University of Wellington Legal Research Paper Series, Cooke Paper No. 87/2017, Available at SSRN: https://ssrn.com/abstract=2513211

Robin Cooke (Contact Author)

Victoria University of Wellington - Faculty of Law ( email )

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