244 THE BRITISH APPROACH TO POLITICS

of Not Guilty and the case ends. But the usual procedure is for
the defending counsel to state his version of the facts, and call
witnesses for examination, and cross-examination by the prosecu-
tion. Neither a prisoner, nor his wife, can be compelled to give
evidence; but they may be witnesses for the defence if they wish.
After the evidence is completed, counsel, first the defence and
then the prosecution, make concluding speeches, though, if the
prisoner has called no witnesses, the prosecution has no right
of reply. The judge then delivers a summary of the case for the
guidance of the jury. It is at this point that the high intellectual
qualities required of a judge become most apparent. He must
distinguish between crucial and trivial points; he must show
what has been proved as fact, what conclusions follow inevitably
from the facts, and what remains in dispute; he must explain
the points of law involved. All this is done in the knowledge
that if the prisoner is convicted there may be an appeal,
and the fairness of the summing up will be submitted to the
scrutiny of other judges. It is quite proper for a judge to incline
to one side or the other in his summing up, if that is justified by
the proved facts. The summing up invariably contains a warning
to the jury that they must bring in a.verdict of Not Guilty
unless guilt is proved "beyond reasonable doubt**. The jury.may
settle their verdict at once, but it is far more usual for them to
retire. Then, till they reach a unanimous decision, they remain
shut up, cut off from all communication, except that they may
ask the judge for further advice on points of law, or re-examine
any exhibits which have formed part of the evidence. If they
cannot agree, the case will have to be tried again with another
jury. If .they say Not Guilty, the prisoner is discharged, and
cannot be tried again on the same charge, even though he were
to confess or overwhelming evidence of his guilt were to be
discovered. This is a salutary rule which discourages the Executive
from bringing a man to trial uptil there is formidably evidence
against him, and prevents it from pursuing him with a series of
prosecutions. If the verdict is Guilty the judge pronounces