The defendant had faced a charge of assault in the Magistrates Court and had pleaded not guilty. She had indicated in the ‘trial issues’ form through her lawyer that her defence was self defence. The prosecutor then indicated that the charge was to be upgraded to Actual Bodily Harm. At committal the defendant wanted to argue that no case to answer was shown since there was no evidence to identify the defendant. The prosecutor said that the earlier response was an admission of involvement. The defendant now sought judicial review of the magistrates’ order for committal for trial, saying that the contents of the form ought not to be used as evidence.
Held: The appeal failed. Such material might be relied upon. The law and practice had changed substantially from the earlier cases.
Toulson LJ
[2011] EWHC 388 (Admin), [2011] 1 Cr App R 32
Bailii
Criminal Justice Act 1988 39, Offences Against the Person Act 1861 47, Criminal Justice Act 2003 114(1)(d) 118(6), Criminal Justice Act 1967 10
England and Wales
Citing:
Applied – Regina v Gleeson CACD 16-Oct-2003
At the close of the prosecution case, the defendant’s counsel submitted that, following Nock, there was no case to answer. The prosecution sought to amend the indictment by adding an allegation of a statutory conspiracy, and to re-open the case, but . .
Cited – Regina v Turner (Terence) CACD 1974
The defendant appealed against his conviction for murder. He admitted that he had killed his girlfriend with a hammer, but sought to bring psychiatric evidence that he was susceptible to provocation.
Held: The law jealously guards the role of . .
Cited – Regina v Dietrich and Aldridge CACD 1997
It would only rarely be appropriate to introduce before the jury something which had happened at the plea and directions hearing. . .
Applied – Regina v Turner (Bryan) CACD 1975
The court was asked whether what a defendant’s counsel had said in a plea in mitigation in one case could be proved and admitted as evidence in another trial. The objection was made that the evidence could not go before the jury until the . .
Cited by:
Cited – Newell, Regina v CACD 30-Mar-2012
The appellant challenged the introduction in evidence of a previous inconsistent statement lodged on his behalf by counsel on a Plea and Case Management Form at a directions hearing.
Held: The appeal was allowed. An advocate plainly has . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 31 October 2021; Ref: scu.430240
