Yesterday, the Court of Appeal (Criminal Division) dismissed an appeal against conviction for controlling or coercive behaviour in the case of R v Nahim [2026] EWCA Crim 1330 (Holgate LJ, McGowan J, HHJ Leigh) . The appellant argued that the trial judge reversed the burden of proof, encouraged the jury take an inquisitorial approach and entered the arena by questioning witnesses. The judgment provides a useful reminder that the number of interventions made by a judge is not of itself decisive. The critical aspect is the quality of the interventions as they relate to the attitude of the judge as might have been seen by the jury and their effect on the defence case.
Megan Millar represented the prosecution, instructed by the CPS Appeals & Review Unit.
