Each judge may direct a jury using different language in terms of what is prohibited by the jurors during the trial. This provided inconsistency and even confusion for the jurors on their duty therefore, has created an area of uncertainty in which Mr Davey and similar cases can rely upon in their defence. The judge has recommended that the Criminal Procedure Rules Committee consider whether handing out universal notices of the rules a juror must abide by should be set in place to minimise such inconsistency in the future.
