Evidence reveal · baseline as of

What the 2000 judgment held, and what the later records added

The Court of Appeal dismissed the first appeal on 2 October 2000. The Royal Statistical Society then criticised the 1 in 73 million figure, in a statement and a letter. In January 2003 the Court of Appeal heard a further appeal, found the convictions unsafe, and Mrs Clark was released. The court's written reasons, handed down on 11 April 2003, put undisclosed microbiological evidence first and principally.

Firewall. None of the later documents was available on 2 October 2000. The left column uses only the 2000 judgment.

Who speaks. The Society's statement and letter are professional criticism, not court findings.

Still unknown. No source supplies a rate of two maternal homicides or a measured chance of a second SIDS death after a first. Neither the criticism nor the outcome gives a defensible numerical probability of innocence, and none is published here.

Decision, release and written reasons are different dates

  • First appeal judgment: . Dismissed on each count. SC1, para 258
  • Later appeal heard: and . On the court's account it concluded then that the convictions were unsafe and gave brief reasons at the time. The excerpt does not say on which of the two days. SC4, para 5
  • Release: the Crown did not seek a retrial and Mrs Clark was released. The excerpt gives no release date; the written judgment describes it as already past. SC4, para 5
  • Written reasons handed down: . SC4, written judgment

Dated timeline

Statement, letter and appeal in date order. Dots sit on a to-scale year axis; labels are evenly spaced. Each label in the chart links to its source. The text list beside it carries the same content.

Chart of six dated events. Blue: the 2000 record. Red: later records. Text version alongside.
  1. Expert notice served. Expert notice served stating 1:8,543 and 1:73,000,000, as quoted in the 2000 judgment. SC1, para 118
  2. First appeal dismissed. Court of Appeal dismisses the appeal against conviction on each count; it calls the figure no help looking back. SC1, para 258
  3. RSS statement. Royal Statistical Society news release, embargoed until this date, criticises the independence assumption and the figure. SC2, page 1
  4. RSS letter. The Society's President writes to the Lord Chancellor on double use of data and relative likelihood. SC3, page 1
  5. and Appeal heard and decided; release. Court of Appeal hears the appeal on 28 and 29 January 2003, concludes the convictions are unsafe and gives brief reasons at the time. The Crown seeks no retrial and Mrs Clark is released. The excerpt gives no separate day for the decision or the release. SC4, para 5
  6. Written reasons handed down. Written judgment handed down setting out the reasons; para 6 names non-disclosure of the microbiological reports first and principally. SC4, paras 2, 5, 6

Two columns: the 2000 judgment against the later records

Each row sets what the 2000 judgment actually contained beside what came later. Every quotation names its speaker and links to its source.

The headline figure

In the 2000 judgment

The judgment records the figure as served in the expert notice and as given in testimony, where it was set against all live births in a year.

Expert notice, as quoted by the court

Thus the chances of two infant deaths within such a family being SIDS is 1:73,000,000.

An expert witness, not named in the excerpt. Source: SC1, para 118, dated 2 October 2000.
Trial testimony, as reported by the court

It gives a chance of 1 in 73 million live births and in England, Wales and Scotland there are about, say, 700,000 live births a year, so it is saying by chance that happening will occur once every hundred years.

A witness answering questions at trial, not named in the excerpt. Source: SC1, para 114, dated 2 October 2000.

Established later

The Royal Statistical Society said the figure had no statistical basis. This is professional criticism, not a ruling.

RSS criticism, not a court finding

The wellpublicised figure of 1 in 73 million thus has no statistical basis.

Royal Statistical Society, news release. Source: SC2, page 1, dated 23 October 2001.

Independence of two deaths in one family

In the 2000 judgment

The 2000 record already showed that the study text excluded familial factors, and that Professor Dawid, as reported, called the figure a ball park estimate.

Study text, as quoted by the court

the risk of SIDS to a subsequent child in a family in which one infant has already died will range from one in 214 to one on 8,543. this does not take account of possible familial incidence of factors other than those included in Table 3.58.

CESDI study text quoted in the judgment. Source: SC1, para 122, dated 2 October 2000.
Fresh evidence witness as reported, with court comment

He suggests, not unreasonably, that the 1:73 million must be regarded as a "ball park" estimate. We do not imagine that the Crown would demur from that suggestion.

Court of Appeal, reporting Professor Dawid. Source: SC1, para 139, dated 2 October 2000.

Established later

The Society said squaring is valid only if deaths arise independently within families, and that there are strong reasons to expect that assumption to be false.

RSS criticism, not a court finding

This approach is, in general, statistically invalid. It would only be valid if SIDS cases arose independently within families, an assumption that would need to be justified empirically. Not only was no such empirical justification provided in the case, but there are very strong a priori reasons for supposing that the assumption will be false.

Royal Statistical Society, news release. Source: SC2, page 1, dated 23 October 2001.

Comparison with a competing explanation

In the 2000 judgment

The court accepted the figure was no help looking back, but said a statistical comparison with double murder was not an exercise courts would perform.

Court comment, 2000

The competing possibility identified is a double infant murder by a mother. That may be capable of being expressed in terms of a statistical probability, but legally speaking the exercise is not realistic

Court of Appeal. Source: SC1, para 160, dated 2 October 2000.
Court conclusion, 2000

Therefore we accept that when one is looking ex post at whether two deaths were natural or unnatural, the 1:73 million figure is no help. It is merely a distraction.

Court of Appeal. Source: SC1, para 162, dated 2 October 2000.

Established later

The Society said the relative likelihood under each explanation is what matters. Neither document gives a rate for two murders.

RSS criticism, not a court finding

What matters is the relative likelihood of the deaths under each explanation, not just how unlikely they are under one explanation (in this case SIDS, according to the evidence as presented).

Royal Statistical Society, news release. Source: SC2, page 1, dated 23 October 2001.
RSS criticism, not a court finding

Two deaths by murder may well be even more unlikely. What matters is the relative likelihood of the deaths under each explanation, not just how unlikely they are under one explanation.

President of the Royal Statistical Society, letter to the Lord Chancellor. Source: SC3, page 1, dated 23 January 2002.

How the family was classified

In the 2000 judgment

The judgment quotes the three family characteristics used to select the 1 in 8,543 rate.

Expert notice, as quoted by the court

for a family in which the parents do not smoke, in which at least one has a waged income and in which the mother is over the age of 26 years, the risk is 1:8,543 live births.

An expert witness, not named in the excerpt; notice served 7 October 1999. Source: SC1, para 118, dated 2 October 2000.

Established later

The Society's letter raised a separate concern: the same data chose the characteristics and measured the rate.

RSS criticism, not a court finding

A separate concern is that the characteristics used to classify the Clark family were chosen on the basis of the same data as was used to evaluate the frequency for that classification. This double use of data is well recognised by statisticians as perilous, since it can lead to subtle yet important biases.

President of the Royal Statistical Society, letter to the Lord Chancellor. Source: SC3, page 1, dated 23 January 2002.

Biological evidence, separate from the statistics

In the 2000 judgment

Nothing in the supplied 2000 excerpts concerns microbiological test results.

Established later

The 2003 court recorded that microbiological results from post mortem samples were later discovered and had not been in the trial evidence. The court's principal reason is in the disclosure panel below.

Court of Appeal, written reasons 2003

In due course, records of the results of microbiological tests performed on samples of Harry's blood, body tissue and cerebrospinal fluid gathered at post mortem were discovered. These had not featured at all in the evidence at trial because all the lawyers involved on both sides were unaware of their existence.

Court of Appeal. Source: SC4, para 2, dated 11 April 2003.

Outcome

In the 2000 judgment

The 2000 appeal was dismissed on each count.

Court disposition, 2000

The appeal against conviction on each count is therefore dismissed.

Court of Appeal. Source: SC1, para 258, dated 2 October 2000.

Established later

The 2003 court heard the appeal in January, found the convictions unsafe, and gave brief reasons at the time; Mrs Clark was released after the Crown sought no retrial. Detailed written reasons followed on 11 April 2003.

Court of Appeal, written reasons 2003

On 28 and 29 January 2003 this court heard the appeal and concluded that the convictions were unsafe and must be set aside. The Crown did not seek a re-trial and accordingly Mrs Clark was released. In view of the public attention given to this case, we stated our reasons for our decision very briefly at the time but indicated that we would give detailed reasons at a later date. This judgment sets out our reasons.

Court of Appeal. Source: SC4, para 5, dated 11 April 2003.

The principal 2003 reason was biological evidence, not the statistics

The statistical question is whether 1 in 8,543 can be squared and what it should be compared with. The disclosure issue is separate: microbiological results from post mortem samples never reached the jury.

Court of Appeal, written reasons 2003

First and principally, the failure to disclose the information contained in the microbiological reports meant that important aspects of the case which should have been before the jury were never considered at trial.

Court of Appeal. Source: SC4, para 6, dated 11 April 2003.

Para 6 calls this the first and principal reason. The supplied excerpts do not set out the court's other reasons, so this page does not attribute the 2003 outcome to the statistics, in whole or in part.

The original arithmetic, recomputed from the 2000 text

8,543 × 8,543 = 72,982,849. Reported as 73,000,000, a gap of 17,151.

72,982,849 ÷ 700,000 live births a year = 104.26; 73,000,000 ÷ 700,000 = 104.29. The testimony called this once every hundred years, but the product is per family with two live births, not per live birth.

The study's range for a subsequent child was one in 214 to one in 8,543. If the second death is not independent of the first, the earlier output showed that the two-death rate could lie anywhere from one in 72,982,849 up to one in 8,543, assuming no protective dependence: a span of 8,543 fold.

The table below compares each recomputed value with the value in the earlier output, which is left unchanged. Nothing in the arithmetic changes after the reveal: the later criticism attacks the independence assumption and the missing comparison, both already listed as assumptions or gaps in the earlier output.

Recomputed values against the earlier output
QuantityRecomputed nowEarlier outputAgreement
One SIDS death, per live birth, one in8,5438,543Same
Two SIDS deaths if independent, one in72,982,84972,982,849Same
Figure as reported, one in73,000,00073,000,000Same
Rounding gap17,15117,151Same
Live births a year, as testified700,000700,000Same
Exact product over yearly births104.26104.26Same
Reported figure over yearly births104.29104.29Same
Subsequent child range, low end, one in214214Same
Subsequent child range, high end, one in8,5438,543Same
Fold span of possible two-SIDS rate8,5438,543Same

What is still unknown after the reveal

The later records change what can be said about the figure, not what can be counted. Two murders “may well be even more unlikely”, in the letter's words, is not a rate. A finding that convictions are unsafe is a legal conclusion, not a probability.

Unknown quantities before and after the later records
QuantityAs of 2 October 2000After the later recordsWhy
Chance of a second SIDS death given a first, for this family profileUnknownUnknownSC2 says independence would need empirical justification and is likely false, but gives no measured recurrence rate.
Incidence of two maternal homicides on the same denominatorUnknownUnknownSC3 says two murders may well be even more unlikely, which is not a rate; no later source supplies one.
Likelihood ratio for the medical findingsUnknownUnknownSC4 concerns undisclosed microbiological reports; the excerpts quantify nothing.
Probability of innocenceUnknownUnknownPrior odds and likelihood ratio stay unknown, and the hypotheses are not exhaustive. A finding that convictions are unsafe is a legal conclusion, not a probability.

Sources

  • SC1: R v Clark [2000] EWCA Crim 54. Court of Appeal (Criminal Division), dated 2 October 2000. Open source SC1
  • SC2: RSS statement regarding statistical issues in the Sally Clark case. Royal Statistical Society, dated 23 October 2001. Open source SC2
  • SC3: Letter from the President to the Lord Chancellor. Royal Statistical Society, dated 23 January 2002. Open source SC3
  • SC4: R v Clark [2003] EWCA Crim 1020. Court of Appeal (Criminal Division), dated 11 April 2003. Open source SC4