The prosecutor appealed from the acquittal of the defendant on a charge of murder. He had subsequently been said to have admitted to the offence while in prison on other offences.
Held: The confessions did amount to new evidence within the section. However the confessions were not reliable. They were inconsistent with the evidence, and the defendant’s capacity had required him to be interviewed in the presence of an appropriate adult. The appeal failed.
The view of the Director that it is in the public interest for the application to proceed, while a pre-requisite to the application, is not conclusive of it. The court must form its own view whether the statutory requirements are met, independently of him.
Judges:
Lord Phillips of Worth Matravers CJ, Ouseley, Blake JJ
Citations:
Times 04-Jan-2008, [2007] 1 Cr App R 8, [2007] EWCA Crim 3130, [2008] 1 WLR 627
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Dunlop CACD 16-Jun-2006
The defendant had been acquitted of murder, but had later confessed to it on a number of occasions. An order was sought quashing the acquittal to allow a retrial.
Held: An order was made under the 2003 Act. This was the first such application. . .
Cited – Regina v Ward (Judith) CACD 15-Jul-1992
The defendant had been wrongly convicted of IRA bombings. She said that the prosecution had failed to disclose evidence.
Held: The prosecution’s forensic scientists are under a common law duty to disclose to the defence anything they may . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 23 July 2022; Ref: scu.262969