ABSTRACT
In jury trials the judicial function is divided between the judge, whose decision on matters of law is (subject to the right of appeal) final, and the jury, who are in principle the sole judges of fact. Every summing up should contain a direction to the jury about these separate functions. The suggested direction, prepared by the Criminal Committee of the Judicial Studies Board and revised in June 1991, encouraged the judge to explain the position as follows:
It is my job to tell you what the law is and how to apply it to the issues of fact that you have to decide and to remind you of the important evidence on these issues. As to the law, you must accept what I tell you. As to the facts, you alone are the judges. It is for you to decide what evidence you accept and what evidence you reject or of which you are unsure. If I appear to have a view of the evidence or of the facts with which you do not agree, reject my view. If I mention or emphasise evidence that you regard as unimportant, disregard that evidence. If I do not mention what you regard as important, follow your own view and take that evidence into account.73
