This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Learn how jury directions are given during criminal trials in England and Wales, including the judge's role, burden and standard of proof, written directions, routes to verdict, additional guidance and how these legal instructions help jurors reach fair, informed verdicts.
In criminal trials in England and Wales, juries are responsible for determining the facts of the case - that is, whether the prosecution has proved the defendant's guilt beyond reasonable doubt. The judge's role is to oversee the trial, ensure the law is applied correctly and, critically, to give clear jury directions (often called a “summing‑up”) explaining the relevant legal principles and how jurors should approach their deliberations. These directions guide jurors on issues such as the burden and standard of proof, the ingredients of the offence charged, how to treat evidence and how to reach a verdict. Jury directions help support a fair trial by ensuring jurors understand their task and the correct legal framework.
What Are Jury Directions?
Jury directions are formal explanations given by the trial judge to the jury about the law and how it applies in the particular case. They are usually delivered at the end of the evidence and before the jury retires to deliberate. Directions cover legal principles jurors must apply and provide an overview of the key issues raised by the prosecution and defence.
Directions may be given orally, and in many cases, supported by written directions or a formal route to verdict document that summarises the points of law and questions jurors should consider. This written assistance can take the form of bullet points, questions or flowcharts to aid jurors' understanding of complex issues.
Timing of Jury Directions
Jury directions are normally given:
- At the end of the trial, after closing speeches by prosecution and defence;
- In stages during the trial, when particular legal rules need early clarification (for example, before identification or bad character evidence is heard).
The judge may also recall the jury later to give further directions if the jury asks for clarification or if issues arise during deliberations.
Core Components of Jury Directions
While the content of directions varies with each case, standard elements typically include the following:
1. Role of Judge and Jury
The judge explains that:
- the judge decides the law, including what legal principles apply;
- the jury decides the facts, based on the evidence presented.
This distinction emphasises that jurors are not to substitute their own understanding of legal rules for those provided by the judge.
2. Burden and Standard of Proof
One of the most important legal directions is on:
- the burden of proof - usually placed on the prosecution; and
- the standard of proof - which in criminal trials is “beyond reasonable doubt”. The judge will explain that jurors must be sure of the defendant's guilt before convicting.
This direction must be clear and accessible, avoiding overly technical language where possible.
3. Ingredients of the Offence and Issues to Decide
The judge outlines the elements (ingredients) of each offence the jury must consider. For example, what facts must be established for a charge of assault or theft. This helps jurors understand exactly what they need to decide.
Where there are multiple counts or defendants, jurors are directed to consider each charge separately and reach independent conclusions on each matter.
4. Considering Evidence and Legal Issues
The judge guides the jury on how to approach evidence and specific legal issues. This may include directions on:
- how to assess witness credibility;
- the difference between direct and circumstantial evidence;
- how to treat evidence that may be weakened by delay or difficulty.
If specific legal rules apply - such as directions on bad character evidence or alibi - these are included. Lawyers for both sides can propose directions before they are given, and the judge may adjust wording based on their submissions.
5. Written Directions and Route to Verdict
Judges are increasingly providing jurors with a written route to verdict: a structured set of questions or summary document outlining the legal issues jurors must answer to reach a verdict. Written directions can improve understanding and recall of complex legal concepts.
Further Directions During Deliberations
After the jury retires to consider its verdict, it may send a note to the judge asking for clarification on any point of law or evidence. The judge can recall the jury and give additional directions to assist them.
In some cases, once jurors have deliberated for a reasonable period, the judge may give a majority direction under the Juries Act 1974, explaining that a majority verdict (for example 10 out of 12) is acceptable where unanimity cannot be reached after a reasonable time.
However, judges cannot direct a jury to convict. The case of R v Wang reaffirmed that there is no circumstance in which a judge can tell jurors that they must return a guilty verdict; the jury must make its own decision based on the evidence.
Clarity and Accessibility of Jury Directions
Legislative reforms such as the Jury Directions Act 2015 emphasise that judges should:
- give directions only on the law the jury needs to decide the case;
- avoid unnecessary technical legal language; and
- make directions as clear and brief as possible to support comprehension.
These principles reflect ongoing efforts to improve jurors' understanding and minimise the risk of misunderstanding legal instructions.
Practical Considerations and Rights
Jurors may legally ask for clarification if they struggle to understand a direction, and the judge will decide whether further guidance is necessary. Jurors also receive written information outlining basic legal responsibilities, which reinforces the direction given by the judge.
It is essential that jury directions preserve both the defendant's right to a fair trial and the integrity of the jury's role as the finder of fact. Clear and accurate directions are central to this balance.
Summary
In criminal trials in England and Wales, jury directions are formal legal instructions given by the judge to explain key legal principles, clarify the jury's task and guide deliberations. Directions cover the roles of judge and jury, the burden and standard of proof, elements of the offence, evaluation of evidence and other case‑specific legal issues. Judges may provide written directions or a “route to verdict” to support jurors' understanding. Additional guidance during deliberations and majority verdict directions may also be given. Effective directions are essential for ensuring fair verdicts and that jurors clearly understand the law they must apply.
