Evidence in support of an application for a witness’ statement which was to be read out, should be supported by oral evidence, though that may properly be given by a police officer. Citations: (1991) 92 Cr App R 98 Statutes: Criminal Justice Act 1988 23(3) Jurisdiction: England and Wales Cited by: Cited – Lobban, Regina … Continue reading Regina v Acton Justices ex parte McMullen and others: CACD 1991
When an application is made to have evidence admitted under the 1988 Act, the evidence in support of that application must be given under oath. Citations: [1995] Crim LR 810 Statutes: Criminal Justice Act 1988 23(3) Jurisdiction: England and Wales Cited by: Cited – Lobban, Regina v CACD 7-May-2004 The defendant appealed his conviction. A … Continue reading Regina v Jennings and Miles: CACD 1995
A witness who claims forgetfulness out of fear may have a written statement admitted. Citations: Times 10-Mar-1997, Times 05-Mar-1997 Statutes: Criminal Justice Act 1988 23(1) 23(3)(b) Jurisdiction: England and Wales Criminal Evidence Updated: 08 October 2022; Ref: scu.88275
The defendant appealed his conviction for murder. The principal witness’ statement had been allowed to be read to the jury after the witness had claimed to be afraid of giving evidence. Held: There was no general principle which would operate against admitting evidence in this way. Luca did not establish a rule to which there … Continue reading Regina v M (Witness Statement): CACD 20 Feb 2003
