Define: Direction To Acquit

A direction to acquit is a legal instruction given by a judge to a jury in a criminal trial, advising them to find the defendant not guilty of the charges. This direction is typically issued when the judge determines that there is insufficient evidence for a reasonable jury to convict the defendant beyond a reasonable doubt. In other words, the judge instructs the jury that, based on the evidence presented, no rational jury could find the defendant guilty of the alleged offence. A direction to acquit is often requested by the defence or may be given by the judge sua sponte (on their own initiative) if they believe that no reasonable juror could find the defendant guilty based on the evidence. It results in an immediate acquittal of the defendant, and the trial concludes without the need for the jury to deliberate on the verdict.

A trial judge may ‘direct the jury to acquit’ on a matter of law. For example, if the prosecution has not satisfied the evidential burden (see: Evidential burden), the jury is unnecessary. It is not the jury’s job to rule on points of law, but on points of fact. If there are not enough facts, the jury cannot make a decision even if it accepted the prosecution’s case without reservation. This archaic process of ‘direction to acquit’ stems from the fact that, technically, the defendant is in the charge of the jury, not the court.

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This glossary post was last updated: 29th March 2024.