Venire De Novo
Robin Cooke, "Venire de Novo" (1995) 71 LQR 100
Victoria University of Wellington Legal Research Paper Series, Cooke Paper No. 87/2017
33 Pages Posted: 23 Oct 2014 Last revised: 10 May 2017
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: Suggested Citation