A trial judge's inappropriate or colourful embellishment of a good character balancing direction (here, a reference to Jack the Ripper) will not necessarily subvert the direction or result in a substantial miscarriage of justice where the direction as a whole is otherwise full and appropriate, the comment bears the hallmarks of judicial levity, and experienced defence counsel's contemporaneous reaction confirms it was not perceived as devastating. However, such departures from agreed directions are inappropriate and contrary to the purpose of the Jury Directions Act 2013 pre-charge process. Redirection is the appropriate remedy and should be sought promptly.
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