T, Regina v: CACD 13 Feb 2008

Section 120 does not go as to admissibility

David Clarke J explained the effect of the section: ‘section 120(2) is not itself a provision governing admissibility . . what the sub-section does is to regulate the use to which such evidence, once admitted, may be put. It is then admissible as evidence of the truth of its contents, not merely as evidence going to the issue of consistency.’

Judges:

David Clarke J

Citations:

[2008] EWCA Crim 484

Links:

Bailii

Statutes:

Criminal Justice Act 2003 120(2)

Jurisdiction:

England and Wales

Cited by:

CitedAthwal and Others, Regina v CACD 7-May-2009
The appellants challenged their conviction for murder and sentences. The victim was the young second wife of the first defendant. It was said that she had been unfaithful, and having been lured to India, had been murdered there. She had disappeared, . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 20 December 2022; Ref: scu.269912

Regina v Russell-Jones: CACD 1995

The Crown cannot be required to adduce evidence which (or to tender for cross-examination a witness whose evidence) is not capable of belief: ‘. . . the prosecution ought normally to call or offer to call all the witnesses who give direct evidence of the primary facts of the case, unless for good reason, in any instance, the prosecutor regards the witness’s evidence as unworthy of belief. In most cases the jury should have available all of that evidence as to what actually happened, which the prosecution, when serving statements, considered to be material, even if there are inconsistencies between one witness and another. The defence cannot always be expected to call for themselves witnesses of the primary facts whom the prosecution has discarded. For example, the evidence they may give, albeit at variance with other evidence called by the Crown, may well be detrimental to the defence case. If what a witness of the primary facts has to say is properly regarded by the prosecution as being incapable of belief, or as some of the authorities say ‘incredible’, then his evidence cannot help the jury assess the overall picture of the crucial events; hence, it is not unfair that he should not be called . . .
The prosecutor is also, as we have said, the primary judge of whether or not a witness to the material events is incredible, or unworthy of belief. It goes without saying that he could not properly condemn a witness as incredible merely because, for example, he gives an account at variance with that of a larger number of witnesses, and one which is less favourable to the prosecution case than that of the others.
A prosecutor properly exercising his discretion will not therefore be obliged to proffer a witness merely in order to give the defence material with which to attack the credit of other witnesses on whom the Crown relies. To hold otherwise would, in truth, be to assert that the prosecution are obliged to call a witness for no purpose other than to assist the defence in its endeavour to destroy the Crown’s own case. No sensible rule of justice could require such a stance to be taken.’

Judges:

Kennedy LJ

Citations:

[1995] 1 CAR 538, [1995] 3 All ER 239

Jurisdiction:

England and Wales

Cited by:

CitedRegina v W (Reference Under Section 36 of the Criminal Justice Act 1972) CACD 8-May-2003
The allegation was of a serious assault on the defendant’s wife. The prosecution considered she would not be a reliable witness, and did not call her. Other evidence being inadmissible, the defendant was acquitted. The AG appealed.
Held: There . .
CitedRegina v Mills, Regina v Poole HL 24-Jul-1997
The prosecution have a duty to disclose to the defence the statement of an adverse witness and not just to provide the name and address, even though that person was not seen as credible witness by the prosecution. ‘the rule in Bryant and Dickson is . .
CitedGrant v The Queen PC 16-Jan-2006
(Jamaica) The defendant appealed his conviction for murder saying that the admission of an unsworn statement by one witness and the non-admission of another similar statement who did not either attend court was unconstitutional. He shot the victim . .
CitedRegina v Cairns; Regina v Zaldi, Regina v Chaudary CACD 22-Nov-2002
The defendants applied for the defence statements of co-defendants to be disclosed. A co-defendant was to give evidence for the Crown, and they sought to have it excluded as unreliable.
Held: The 1996 Act created a duty of secondary . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 12 December 2022; Ref: scu.181981

Brecani v Regina: CACD 19 May 2021

Is a conclusive decision made for administrative purposes by the Single Competent Authority (part of the Home Office), on written materials applying the balance of probabilities, that a person is a victim of modern slavery admissible in evidence in a criminal trial? The second issue is whether expert evidence of CB commissioned by the appellant should have been admitted at trial. The judge excluded both. A further question concerns whether the judge should have severed the indictment and delayed the trial of the appellant.
Held: The Appeal failed. The judge was right to exclude the conclusive grounds decision, the Annex attached to it and Mr Barlow’s evidence.

Judges:

The Lord Burnett of Maldon CJ

Citations:

[2021] EWCA Crim 731

Links:

Bailii

Statutes:

Modern Slavery Act 2015 45(4)

Jurisdiction:

England and Wales

Criminal Evidence

Updated: 07 December 2022; Ref: scu.662501

Bater-James and Another v Regina: CACD 23 Jun 2020

‘These two otherwise unrelated cases have been listed together to provide the court an opportunity to consider various issues relating to the retention, inspection, copying, disclosure and deletion of the electronic records held by prosecution witnesses. These issues frequently arise in the context of sexual offences as regards material stored on complainants’ mobile telephones, but they occur in a wide range of other circumstances. Therefore, although this judgment focusses on the position of complainants who allege sexual impropriety, the principles will be equally relevant – depending always on the facts – to other prosecution witnesses. For these reasons we have used the words ‘complainant’ and ‘witness’ interchangeably.’

Citations:

[2020] EWCA Crim 790

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Evidence

Updated: 07 December 2022; Ref: scu.651927

Regina v Horwood: 1969

Citations:

(1969) 53 Cr App R 619

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Wright and Ormerod CACD 1990
The defendants were charged with indecent assault on a child of 5, who said that the defendants had hurt her in the back and said naughty things to her. The Judge also admitted evidence from the child’s mother of the complaint the child had made to . .
CitedRegina v Wright and Ormerod CACD 1990
The defendants were charged with indecent assault on a child of 5, who said that the defendants had hurt her in the back and said naughty things to her. The Judge also admitted evidence from the child’s mother of the complaint the child had made to . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 07 December 2022; Ref: scu.241278

Regina v Oyesiku: CACD 1971

The court considered the admissibility of evidence of consistent statements in order to rebut an allegation of recent fabrication. There may be a residual discretion with the judge to permit re-examination to show consistency when there is ‘something either in the nature of the inconsistent statement, or in the use made of it by the cross-examiner, to enable such evidence to given’

Citations:

(1971) 56 Cr App R 240

Jurisdiction:

England and Wales

Citing:

ApprovedRegina v Coll 1889
‘The evidence of a witness cannot be corroborated by proving statements to the same effect previously made by him; nor will the fact that his testimony is impeached in cross-examination render such evidence admissible. Even if the impeachment takes . .
CitedNominal Defendant v Clements 1961
(Australia) Dixon CJ said of the rules regarding the significance of previous inconsistent statements: ‘in as much as the rule forms a definite exception to the general principle excluding statements made out of court and admits a possibly . .
ApprovedNominal Defendant v Clements 1961
(Australia) Dixon CJ said of the rules regarding the significance of previous inconsistent statements: ‘in as much as the rule forms a definite exception to the general principle excluding statements made out of court and admits a possibly . .

Cited by:

CitedRegina v Ali CACD 14-Nov-2003
The defendant appealed conviction and sentence for sexual assaults on young girls. He complained that the prosecution had been allowed to bring in evidence of previous consistent statements.
Held: The evidence of the mother had been admitted . .
CitedAthwal and Others, Regina v CACD 7-May-2009
The appellants challenged their conviction for murder and sentences. The victim was the young second wife of the first defendant. It was said that she had been unfaithful, and having been lured to India, had been murdered there. She had disappeared, . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 07 December 2022; Ref: scu.187961

Regina v Mustafa: 1976

Citations:

(1976) 65 Cr App R 26

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Wright and Ormerod CACD 1990
The defendants were charged with indecent assault on a child of 5, who said that the defendants had hurt her in the back and said naughty things to her. The Judge also admitted evidence from the child’s mother of the complaint the child had made to . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 06 December 2022; Ref: scu.241275

Rex v Warickshall: 1783

Evidence that stolen goods were found under the bed of the accused was admitted notwithstanding that the discovery was made in consequence of her inadmissible confession. Evidence obtained by oppression should be admitted to court. Involuntary statements are inherently unreliable: ‘a confession forced from the mind by the flattery of hope, or by the torture of fear comes in so questionable a shape when it is to be considered as the evidence of guilt, that no credit ought to be given to it; and therefore it is rejected.’

Citations:

(1783) 1 Leach 263, (1783) 168 ER 234

Jurisdiction:

England and Wales

Cited by:

CitedA and others v Secretary of State for the Home Department (No 2) HL 8-Dec-2005
Evidence from 3rd Party Torture Inadmissible
The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the . .
CitedRegina v Hertfordshire County Council, ex parte Green Environmental Industries Ltd and Another HL 17-Feb-2000
A notice was given to the holder of a waste disposal licence to require certain information to be provided on pain of prosecution. The provision of such information could also then be evidence against the provider of the commission of a criminal . .
CitedMohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 1) Admn 21-Aug-2008
The claimant had been detained by the US in Guantanamo Bay suspected of terrorist involvement. He sought to support his defence documents from the respondent which showed that the evidence to be relied on in the US courts had been obtained by . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 06 December 2022; Ref: scu.235912

Regina v Birmingham Overseers: 1861

Cockburn CJ: ‘People were formerly frightened out of their wits about admitting evidence, lest juries should go wrong. In modern times we admit the evidence, and discuss its weight.’

Judges:

Cockburn CJ

Citations:

(1861) 1 B and S 763

Jurisdiction:

England and Wales

Cited by:

CitedA and others v Secretary of State for the Home Department (No 2) HL 8-Dec-2005
Evidence from 3rd Party Torture Inadmissible
The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 05 December 2022; Ref: scu.235923

Rex v Butterwasser: 1948

If a defendant put his character in issue by attacking the character of the prosecution witnesses, but did not himself give evidence, he would escape the consequences of having his convictions put in evidence.

Citations:

[1948] 1 KB 4

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Becouarn HL 28-Jul-2005
At his trial for murder, the defendant had not given evidence, and the court had allowed the jury to draw proper inferences under s35.
Held: The JSB direction ‘on drawing inferences [i]s sufficiently fair to defendants, emphasising as it does . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 01 December 2022; Ref: scu.229100

Johnson, Regina v: CACD 24 Oct 2000

Reference by the Criminal Cases Review Commission under the Criminal Appeal Act 1995. Conviction of robbery – identification evidence

Judges:

The Lord Woolf of Barnes

Citations:

[2000] EWCA Crim 102, [2001] 1 Cr App Rep 26, [2001] Crim LR 125

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Evidence

Updated: 30 November 2022; Ref: scu.331140

Regina v Fox: CACD 28 Apr 2010

The contents of an anonymous 999 call were inadmissible as evidence that the facts reported were true.

Judges:

Maurice Kay LJ, Royce, Nicol JJ

Citations:

[2010] EWCA Crim 1280

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Twist and Others CACD 12-May-2011
The court considered the application of the 2003 Act to communications made to, or by, the defendant, and in particular text messages sent by mobile telephone.
Held: The four appeals against conviction were dismissed. Singh established that . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 26 November 2022; Ref: scu.420034

Tully and Another, Regina v: CACD 16 Mar 2006

The defendants appealed against their convictions for robbery. The prosecutor had introduced evidence of their previous records under section 101, with several similar convictions demonstrating propensity.

Citations:

[2006] EWCA Crim 2270, (2007) 171 JPN 306, (2007) 171 JP 25

Links:

Bailii

Statutes:

Criminal Justice Act 2003 101(d)

Jurisdiction:

England and Wales

Criminal Evidence

Updated: 26 November 2022; Ref: scu.406144

Regina v Rhodes: 1959

Citations:

(1959) 44 Cr App R 23

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Hayter HL 3-Feb-2005
The House considered the principle that the confession of a defendant is inadmissible in a joint criminal case against a co-defendant. In a trial for murder, one party was accused of requesting a middleman to arrange for the murder by a third party. . .
CitedRegina v Hayter CACD 16-Apr-2003
The defendant appealed against his conviction for murder, on the basis that the jury had used a conclusion about the guilt of a jointly accused to support his own conviction.
Held: Section 74 had altered the law, and earlier cases were no . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 24 November 2022; Ref: scu.222541

NW and Others, Regina v: CACD 23 Jan 2008

The prosecutor appealed from a terminal ruling, acceding to a submission of no case to answer advanced on behalf of all four defendants.
Proof to the criminal standard can be discharged by circumstantial evidence and then by inference: ‘No doubt, if such an inference is prima facie there to be drawn, an evidential burden is cast on the defendant to show that after all the inference is wrong: there is another explanation for the defendant’s dealing with the property. But it is surely commonplace that the presence of such an evidential burden does not reposition the legal burden of proof.’

Judges:

Laws LJ, David Clarke, Lloyd Jones JJ

Citations:

[2008] EWCA Crim 2, [2009] 1 WLR 965, [2008] Lloyds Rep FC 163, [2008] 3 All ER 533

Links:

Bailii

Statutes:

Proceeds of Crime Act 2002

Jurisdiction:

England and Wales

Cited by:

CitedWiese v The UK Border Agency Admn 29-Jun-2012
The claimant challenged a decision to seize a sustantial sum of cash being carried by him whilst passing through London City Airport. In the magistrates court, the claimant had objected to the reliance on parts of a customs officer’s statement which . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 23 November 2022; Ref: scu.263810

Regina v Singh: CACD 23 Feb 2006

The evidence against the defendant was that he was the holder and user of mobile telephone lines used in a kidnapping. The court used evidence of the numbers stored in other mobile phones contacted by him to show that he was part of a conspiracy. It was argued that the Act had not intended to abolish the common law rule against the admissibility of hearsay as set out in Kearsley. The purpose of section 115(3) was to draw a line between intentional and unintentional implied hearsay. Only hearsay statements were admissible under s114.
Held: The relationship between the sections was obscure. The common law rules on hearsay were abolished by sections 118 and 114 save only where they were expressly saved. The evidence in Kearsley would now be admitted as direct evidence of the existence of a market for drugs from the premises. The entries were not a ‘statement’, nor were they ‘matters stated’ for the purposes of section 115 and so not caught by the statutory hearsay rules. They were rather ‘implied assertions’. They might also be admitted under sections 118(1) or under 114(2)(d).

Judges:

Rose LJ VP, Rafferty J, Sir Douglas Brown

Citations:

Times 08-Mar-2006, [2006] EWCA Crim 660, [2006] Crim LR 647, [2006] 1 WLR 1564, [2006] 2 Cr App R 12

Links:

Bailii

Statutes:

Criminal Justice Act 2003 114 118

Jurisdiction:

England and Wales

Citing:

No longer effectiveRegina v Kearley HL 3-Jun-1992
Telephone calls which were made to the defendant’s phone asking for drugs, but made after the arrest of the defendant for supplying drugs were inadmissible as hearsay. They were adduced to prove, by implication, the fact that he, as an occupier of . .

Cited by:

CitedRegina v Leonard CACD 28-Apr-2009
The defendant appealed against his convictions for possession of controlled drugs with intent to supply. He complained at the use of of text messages found on his phone against him, saying they were hearsay.
Held: The texts contained . .
CitedRegina v MK CACD 4-Dec-2007
The prosecution sought to introduce evidence of the words used in a phone call between someone wanting drugs and the defendant, who was accused (amongst other things) of being concerned in making an offer to supply a controlled drug of class, ie . .
CitedRegina v Twist and Others CACD 12-May-2011
The court considered the application of the 2003 Act to communications made to, or by, the defendant, and in particular text messages sent by mobile telephone.
Held: The four appeals against conviction were dismissed. Singh established that . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 23 November 2022; Ref: scu.240170

Attorney General’s Reference (No 2 of 2002): CACD 7 Oct 2002

The defendants had been seen on video. The prosecution sought to admit, in addition to the video evidence itself, evidence from police officers as to the identity of persons claimed to be shown on the tape. The officers evidence was offered but not accepted as expert evidence. The defendants said the tapes should have been left to speak for themselves.
Held: The officers’ evidence should have been accepted. Photographic evidence could be admitted in four situations, where the image itself was sufficiently clear to allow the jury to make its own direct comparison, where the witness himself knew the defendant, where the witness had spent sufficient time examining images from the scene to have acquired special knowledge, and where an expert with facial mapping skills could use the skills to assist the identification. The officers’ evidence could have been admitted.

Judges:

Rose, Pitchers, Treacy LLJ

Citations:

Times 17-Oct-2002, [2002] EWCA Crim 2373, [2003] 1 Cr App R 321, [2003] Crim LR 192

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedRegina v Clare, Regina v Peach CACD 7-Apr-1995
A Police Constable’s very detailed analysis of video evidence in a case made him an ad hoc expert on it.
Lord Taylor of Gosforth CJ said: ‘The phrase ‘expert ad hoc’ seeks to put witnesses like Detective Parsons and PC Fitzpatrick into the . .
CitedTaylor v Chief Constable of Chester 28-Oct-1986
Evidence as to the content of a video recording might be admissible even though the tape itself was not made available. . .

Cited by:

CitedAtkins and Another v Regina CACD 2-Oct-2009
The court considered the use in evidence of facial photograph comparison techniques. The expert had given an opinion that the comparison gave support to a conclusion that the photograph in issue was of the defendant, but there was no database . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 20 November 2022; Ref: scu.177455

Rex v Ball: HL 1911

Evidence of sexual acts or advances other than those which are the subject of the charge is frequently adduced to show the true nature of the relationship between the parties, a practice which may be regarded as an acceptable and inevitable form of evidence of ‘guilty passions’: ‘Surely in an ordinary prosecution for murder you can prove previous acts or words of the accused to shew he entertained feelings of enmity towards the deceased, and that is evidence not merely of the malicious mind with which he killed the deceased, but of the fact that he killed him. You can give in evidence the enmity of the accused towards the deceased to prove that the accused took the deceased’s life. Evidence of motive necessarily goes to prove the fact of the homicide by the accused, as well as his ‘malice aforethought,’ inasmuch as it is more probable that men are killed by those who have some motive for killing them than by those who have not.’

Judges:

Lord Atkinson

Citations:

[1911] AC 47

Jurisdiction:

England and Wales

Cited by:

CitedTeiko David Jamel Furbert and Sheldon Eugenio Franks v The Queen PC 23-Mar-2000
PC (Bermuda) The appellants challenged their conviction for murder. Evidence had been admitted of informal and unadmitted conversations with police officers after charge, with the officers notebooks put before . .
CitedRegina v Beedles CACD 31-Jul-1996
The defendant appealed against his conviction for sexual assault. The issue was whether a note written by the complainant to her teacher was admissible as evidence of recent complaint to corroborate her statement. Similar allegations had been made . .
CriticisedRegina v Berry 1963
The defendant appealed a conviction for the violent stabbing of his ex-girlfriend.
Held: Evidence of past incidents should not be regarded as relevant to prove the state of mind with which a particular act (in that case was done. . .
Re-assertedRegina v Williams CACD 1986
The defendant was charged with threatening to kill.
Held: Evidence of previous threatening and violent conduct of Williams towards the victim was rightly admitted to establish an intention on the part of the defendant that the victim should . .
AppliedRegina v Fulcher CACD 1995
The previous non-accidental injuries sustained by the baby whom F was alleged to have murdered were relevant to show not only that the child, being in pain, was more likely to be fractious, but also how F was likely to react to the child crying. The . .
CitedOsbourne, Regina v CACD 13-Mar-2007
The defendant appealed his conviction for murder. He complained at the admission of a statement made by the police surgeon who had attended him in the police station as evidence of bad character under the 2003 Act. The statement was as to his . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 18 November 2022; Ref: scu.181014

Schofield, Regina (on The Application of) v Secretary of State for The Home Department: Admn 16 Apr 2021

Claim for judicial review concerning a challenge to the statutory bar on the admissibility of intercept evidence in legal proceedings.

Judges:

Lord Justice Singh

Citations:

[2021] EWHC 902 (Admin)

Links:

Bailii

Statutes:

Investigatory Powers Act 2016 56

Jurisdiction:

England and Wales

Criminal Evidence

Updated: 14 November 2022; Ref: scu.661938

Horne v Regina: CACD 2 Apr 2020

The appeal against conviction in this case involves the admissibility of the guilty plea of one of two alleged co-conspirators in a closed conspiracy. There is, additionally, a renewed application to appeal against sentence, following refusal by the single judge.

Judges:

Lord Justice Fulford

Citations:

[2020] EWCA Crim 487

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Evidence

Updated: 14 November 2022; Ref: scu.649946

Najib v Regina: CACD 12 Feb 2013

The defendant appealed against his conviction for murder saying that the court had given inadequate directions as to his ‘no comment’ interview, the need to treat the evidence of a co-accused with caution, and the need for a bad character direction.
Held: The appeal failed. The direction as to the no comment interview had allowed for complications with co-defendants and had caused no injustice.
The warning as to the evidence of the co-accused was open to criticism, but: ‘this omission will have had no impact upon the safety of the verdict in the present case. It was perfectly obvious to the jury that each man had a motive to serve by blaming the other. The judge explained the respective cases for the defendants separately . . and the jury could not have missed the impact on each case of a finding that one rather than the other defendant had lit the fire. As to the lighting of the fire, one of them was lying. The jury had ample other evidence against which to test the reliability of each account. The issue of more difficulty for the jury was whether the defendants who had not lit the fire were guilty as secondary parties.’
The absence of directions upon the propensity aspect of the evidence was capable of significance to the jury’s consideration of the case against the appellant, but the judge did direct the jury that they should give separate consideration to and resolve the ‘background’ issues between the defendants. It was sufficient for the judge to tailor her directions to the evidence the jury had heard and to the issue of credibility of the defence cases respectively.

Judges:

Pitchford LJ, Cranston, Haddon-Cave JJ

Citations:

[2013] EWCA Crim 86

Links:

Bailii

Statutes:

Criminal Justice Act 2003 101(1)(e), Criminal Justice and Public Order Act 1994 34

Jurisdiction:

England and Wales

Citing:

CitedRegina v McGarry CACD 16-Jul-1998
Where the judge decided that no inference could be drawn from the defendant’s silence, because of the absence of facts which could have been mentioned, he had a duty positively to warn the jury not arbitrarily to draw adverse inferences from the . .
CitedRegina v Jones and Jenkins CACD 6-Jun-2003
The two defendants appealed against their convictions for murder. On the prosecution case it was joint enterprise; Jones’ case was that both had indeed attacked the victim, but had caused him only minor injuries and that the fatal injuries had been . .
CitedPetkar and Farquar, Regina v CACD 16-Oct-2003
The defendants appealed their convictions and sentence for theft. Whilst employed by a bank thay had arranged for transfers to their own account. Each blamed the other. They appealed on the basis that the direction on their silence at interview was . .
CitedRegina v Hanson; Regina v Gilmore; Regina v Pickstone CACD 22-Mar-2005
In each case complaint was made about the way in which the judge had dealt with applications by the Crown to bring in the defendant’s bad character as evidence of his propensity to commit the crime.
Held: The court set out the applicable . .
CitedEdwards and Another, Regina v CACD 21-Dec-2005
Each defendant challenged the use of bad character evidence against them under the 2003 Act.
Held: There is no blueprint for bad character directions. The requirements for a fair trial will depend upon the evidence and the issues which arise . .
CitedLafayette, Regina v CACD 18-Dec-2008
The defendant appealed against his conviction for murder. He had claimed self defence. A main issues for the jury was who had produced the knife which caused the fatal injuries. The appellant had previous convictions for, other offences of violence . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 14 November 2022; Ref: scu.470902

Adeojo and Another v Regina: CACD 6 Feb 2013

The defendants appealed against their convictions for murder saying that the court should not have relied upon hearsay evidence. A witness had refused to give evidence, but his earlier evidnece was used.
Held: The appeals failed. The judge had acted properly in that when considering the exercise of his judgment under section 78 of the 1984 Act, he did adopt the course of testing the section 78 issue by an examination of the section 114(2) factors and he resolved that it was in the interests of justice that the evidence should be received. The court restated the factors in this case concluding that the evidence had been correctly admitted.

Judges:

Pitchford LJ, Cranston, Haddon-Cave JJ

Citations:

[2013] EWCA Crim 41

Links:

Bailii

Statutes:

Criminal Procedure Act 1865 3, Criminal Justice Act 2003 119(1), Police and Criminal Evidence Act 1984 78, European Convention on Human Rights 6

Jurisdiction:

England and Wales

Citing:

CitedRegina v Thompson CACD 1976
A witness’s refusal to answer questions may be sufficient to demonstrate hostility and to trigger the right to cross-examine, including upon previous statements made by the witness. . .
CitedRegina v Seton CACD 12-Mar-2010
The defendant had been charged with murder. He served a late defence statement blaming the murder on a man called P who was already serving a sentence of life imprisonment for murder. P refused to respond to police enquiries of him, but in telephone . .
CitedDoorson v The Netherlands ECHR 26-Mar-1996
Evidence was given in criminal trials by anonymous witnesses and evidence was also read as a result of a witness having appeared at the trial but then absconded. The defendant was convicted of drug trafficking. As regards the anonymous witnesses, . .
CitedHorncastle and Others, Regina v SC 9-Dec-2009
Each defendant said they had not received a fair trial in that the court had admitted written evidence of a witness he had not been allowed to challenge. The witnesses had been victims, two of whom had died before trial. It was suggested that the . .
CitedRegina v Z CACD 23-Jan-2009
The defendant appealed against convictions for rape and indecent assault under the 1956 Act. The allegations dated from 1985 to 1989 when the complainant had been between 9 and 13. The prosecution brought in a doctor who said that in 1993 D . .
CitedIbrahim, Regina v CACD 27-Apr-2012
The appellant challenged the admissibility of witness statements made by the complainant where the complainant had died before the trial.
Held: The ‘counterbalancing measures’ in the 2003 Act and at the common law had not been properly . .
CitedAl-Khawaja v The United Kingdom; Tahery v The United Kingdom ECHR 15-Dec-2011
(Grand Chamber) The claimants complained of the use against them of hearsay evidence in their trials.
Held: ‘the underlying principle is that the defendant in a criminal trial should have an effective opportunity to challenge the evidence . .
CitedLuca v Italy ECHR 27-Feb-2001
The accused had been convicted. After exercising his right to silence, there were read to the court accounts of statements made by co-accused but without an opportunity for him to cross examine the witnesses.
Held: Saunders had established the . .
CitedRegina v Davis HL 18-Jun-2008
The defendant had been tried for the murder of two men by shooting them at a party. He was identified as the murderer by three witnesses who had been permitted to give evidence anonymously, from behind screens, because they had refused, out of fear, . .
CitedRegina v Riat and Others CACD 11-Jul-2012
Five defendants appealed against their convictions after the admission of hearsay evidence.
Held: The court re-iterated that the importance of the hearsay evidence to the case remained a vital consideration when deciding upon its . .
CitedRegina v Turnbull and Another etc CCA 9-Jun-1976
The defendants appealed against their convictions which had been based upon evidence of visual identification.
Held: Identification evidence can be unreliable, and courts must take steps to reduce injustice. The judge should warn the jury of . .
CitedRegina v Peters, Palmer, Campbell CACD 10-Mar-2005
In each case a young person had been convicted on a guilty plea of murder. The court considered the affect on sentence of the defendant’s age and maturity.
Held: A difference of a few months might make an arbitrary difference in the minimum . .
CitedRegina v Taylor CACD 4-Apr-2008
Appeal against sentence of life with a minimum term of 15 years for murder. . .
CitedMartin v Regina CACD 6-Jul-2010
The defendant had been a passenger on a car driven by a learner driver. The car crashed killing the driver and seriously injuring another. He appealed against his conviction for aiding and abetting dangerous driving.
Held: The appeal . .
CitedRegina v Fagan CACD 7-Sep-2012
. .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence, Human Rights

Updated: 13 November 2022; Ref: scu.470807

Al-Khawaja v The United Kingdom; Tahery v The United Kingdom: ECHR 15 Dec 2011

(Grand Chamber) The claimants complained of the use against them of hearsay evidence in their trials.
Held: ‘the underlying principle is that the defendant in a criminal trial should have an effective opportunity to challenge the evidence against him. This principle requires not merely that the defendant should know the identity of his accusers so that he is in a position to challenge their probity of credibility but that he should be able to test the truthfulness and reliability of their evidence, by having them orally examined in his presence, either at the time the witness was made the statement or at some later stage of the proceedings.’
The court did not accept that the sole or decisive rule assumed that all hearsay evidence which is crucial to a case is unreliable or incapable of a proper assessment unless tested by cross-examination, but: ‘rather, it is predicated on the principle that the greater the importance of the evidence, the greater the potential unfairness to the defendant in allowing the witness to remain anonymous or to be absent from the trial and the greater the need for safeguards to ensure that the evidence is demonstrably reliable or that the reliability can properly be tested and assessed.’ and
‘where a hearsay statement is the sole or decisive evidence against a defendant, its admission as evidence will not automatically result in a breach of Article 6(1). At the same time where a conviction is based solely or decisively on the evidence of absent witnesses, the Court must subject the proceedings to the most searching scrutiny. Because of the dangers of the admission of such evidence, it would constitute a very important factor to balance in the scales, to use the words of Lord Mance in R v Davis, and one which requires sufficient counter-balancing factors, including the existence of strong procedural safeguards. The question in each case is whether there are sufficient counter-balancing factors in place, including measures that permit a fair and proper assessment of the reliability of that evidence to take place. This would permit a conviction to be based on such evidence only if it is sufficiently reliable given its importance in the case.’

Judges:

Francoise Tulkens, P

Citations:

[2011] ECHR 2127, 26766/05, 2228/06

Links:

Bailii

Statutes:

European Convention on Human Rights, Criminal Justice Act 2003 114 116, Coroners and Justice Act 2009

Jurisdiction:

Human Rights

Citing:

See AlsoAl-Khawaja v The United Kingdom; Tahery v The United Kingdom ECHR 8-Jan-2008
Each claimant complained of the admission at their trials of hearsay evidence. . .
CitedHorncastle and Others, Regina v SC 9-Dec-2009
Each defendant said they had not received a fair trial in that the court had admitted written evidence of a witness he had not been allowed to challenge. The witnesses had been victims, two of whom had died before trial. It was suggested that the . .
CitedRegina v Davis HL 18-Jun-2008
The defendant had been tried for the murder of two men by shooting them at a party. He was identified as the murderer by three witnesses who had been permitted to give evidence anonymously, from behind screens, because they had refused, out of fear, . .
See AlsoAl-Khawaja v The United Kingdom; Tahery v The United Kingdom ECHR 20-Jan-2009
Each complainant said that in allowing hearsay evidence to be used against them at their trials, their article 6 human rights had been infringed. In the first case the complainant had died before trial but her statement was admitted.
Held: In . .

Cited by:

CitedAdeojo and Another v Regina CACD 6-Feb-2013
The defendants appealed against their convictions for murder saying that the court should not have relied upon hearsay evidence. A witness had refused to give evidence, but his earlier evidnece was used.
Held: The appeals failed. The judge had . .
CitedIbrahim, Regina v CACD 27-Apr-2012
The appellant challenged the admissibility of witness statements made by the complainant where the complainant had died before the trial.
Held: The ‘counterbalancing measures’ in the 2003 Act and at the common law had not been properly . .
CitedBarclay and Another, Regina (on The Application of) v Secretary of State for Justice and Others SC 22-Oct-2014
Constitutional Status of Chanel Islands considered
The Court was asked as to the role, if any, of the courts of England and Wales (including the Supreme Court) in the legislative process of one of the Channel Islands. It raised fundamental questions about the constitutional relationship between the . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Criminal Evidence

Updated: 13 November 2022; Ref: scu.470825

Fox v Regina: CACD 2 Apr 2009

Notations in a personal notebook were not evidence of reprehensible conduct.

Citations:

[2009] EWCA Crim 653

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

CitedPalmer, Regina v CACD 6-Dec-2016
The court considered the admission in evidence of social media messages. The defendant had been convicted of the murder of her violent boyfriend, and objected unsuccessfully to the admission of texts which she said were unduly prejudicial.
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 12 November 2022; Ref: scu.468982

Regina v P and others: HL 19 Dec 2000

Where communications had been intercepted in a foreign country, and the manner of such interceptions had been lawful in that country, the evidence produced was admissible in evidence in a trial in England. An admission of such evidence was not an infringement of the rights to a fair trial, nor of the right to respect for private and family life. It did not breach any rule of public policy and was not unfair under section 78. Lord Hobhouse of Woodborough said: ‘the dominant principle guiding the interpretation of the provisions of the [1985] Act was the policy of preserving the secrecy of the surveillance operations to which the Act applied and, to that end, preventing as far as possible any evidence relating to such operations ever reaching the public domain’. The interceptions had been made under the laws of that country, even though one party to the conversation had been in England. The use of an intercept could interfere with article 8.2 rights, but in this case the intercepts had been lawful obtained, and the use sought to be made of it was in accordance with the original purpose, and the intercepts had been kept for no longer than necessary for that purpose. In this case, one of other parties to the conversation was to give evidence, and this must substantially perfect any issue of unfairness. The Act 1985 Act had no application, because the interceptions had not been made under it. That question was to be judged according to the laws of the country which the interception was made.
The defendants appealed against the admission in their trials of telephone intercept evidence obtained lawfully in a foreign country, but including calls to this country. They had been admitted applying Aujla after consideration as to their fairness with section 78 of the 1984 Act.
Held: The appeals were dismissed; ‘The case of Aujla was rightly decided. The decision of the ECHR in Khan shows that the coming into effect of the Human Rights Act does not invalidate in the relevant respects the decision of your Lordships’ House in that case and that s.78 is an appropriate safeguard of the fairness of the trial.’

Judges:

Lord Hobhouse of Woodborough

Citations:

Times 19-Dec-2000, Gazette 22-Feb-2001, [2002] 1 AC 146, [2000] UKHL 69, [2000] UKHL 72, [2001] 2 Cr App R 8, [2001] 2 All ER 58, [2001] 2 WLR 463

Links:

House of Lords, House of Lords, Bailii, Bailii

Statutes:

Interception of Communications Act 1985, Police and Criminal Evidence Act 1984 78, Criminal Procedure and Investigations Act 1996, European Convention on Human Rights 8 6

Jurisdiction:

England and Wales

Citing:

CitedRegina v Preston, Preston, Clarke Etc HL 5-Nov-1993
Telephone tapping evidence consisting of tapping records are to be destroyed after their use for the purpose obtained, but a prosecution was not within that purpose. The underlying purpose of the 1985 Act is to protect information as to the . .
CitedRegina v Khan (Sultan) HL 2-Jul-1996
The police had obtained the evidence against the defendant by fixing a covert listening device at an apartment visited by the defendant, and by recording his conversations there. The defendant appealed, saying that the court should have regard to . .
CitedRegina v Singh and Others CACD 7-Nov-1997
The defendants appealed against a ruling allowing the admissipn in their trial of transcripts of telephone conversations. The results of the interception of a telephone call made abroad and in accordance with law of that country is admissible here. . .
CitedRegina v Preston, Preston, Clarke Etc HL 5-Nov-1993
Telephone tapping evidence consisting of tapping records are to be destroyed after their use for the purpose obtained, but a prosecution was not within that purpose. The underlying purpose of the 1985 Act is to protect information as to the . .
CitedMorgans v Director of Public Prosecutions HL 18-Feb-2000
Without a warrant, the police had arranged for a call logger to retain details of the calls made, including the number called, time and duration. The dialing itself was a communication, which established a connection, through which further . .
CitedMalone v Commissioner of the Police for the Metropolis (No 2) ChD 28-Feb-1979
The court considered the lawfulness of telephone tapping. The issue arose following a trial in which the prosecution had admitted the interception of the plaintiff’s telephone conversations under a warrant issued by the Secretary of State. The . .
CitedThe Sunday Times (No 1) v The United Kingdom ECHR 26-Apr-1979
Offence must be ;in accordance with law’
The court considered the meaning of the need for an offence to be ‘in accordance with law.’ The applicants did not argue that the expression prescribed by law required legislation in every case, but contended that legislation was required only where . .
CitedThe Sunday Times (No 1) v The United Kingdom ECHR 26-Apr-1979
Offence must be ;in accordance with law’
The court considered the meaning of the need for an offence to be ‘in accordance with law.’ The applicants did not argue that the expression prescribed by law required legislation in every case, but contended that legislation was required only where . .
CitedKlass And Others v Germany ECHR 6-Sep-1978
(Plenary Court) The claimant objected to the disclosure by the police of matters revealed during their investigation, but in this case, it was held, disclosure even after the event ‘might well jeopardise the long-term purpose that originally . .
CitedAmann v Switzerland ECHR 16-Feb-2000
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 with regard to interception of telephone call; Violation of Art. 8 with regard to creation and storing of information card; Preliminary objection . .
CitedKhan v The United Kingdom ECHR 12-May-2000
Evidence was acknowledged to have been obtained unlawfully and in breach of another article of the Convention. The police had installed covert listening devices on private property without the knowledge or consent of the owner. UK national law did . .
CitedSchenk v Switzerland ECHR 12-Jul-1988
The applicant had faced charges of hiring someone to kill his wife. He complained about the use of a recording of his telephone conversation with the man he hired recorded unlawfully by that man.
Held: The ECHR does not address issues about . .
CitedSchenk v Switzerland ECHR 12-Jul-1988
The applicant had faced charges of hiring someone to kill his wife. He complained about the use of a recording of his telephone conversation with the man he hired recorded unlawfully by that man.
Held: The ECHR does not address issues about . .
CitedRegina v Governor of Belmarsh Prison and Another Ex Parte Francis QBD 12-Apr-1995
Justices may not hear evidence from accomplices in extradition proceedings. Also foreign intercept evidence may be used in support of extradition proceedings. Extradition proceedings are not criminal proceedings as such, but may be sui generis. . .
CitedRegina v Rasool, Choudhary CACD 5-Feb-1997
The defendants appealed against convictions for conspiracy to supply a controlled drug. . .
CitedTeixeira De Castro v Portugal ECHR 9-Jun-1998
Mr De Castro had been the target of an unwarranted, unauthorised, unsupervised police operation in which undercover officers incited him to supply drugs. He challenged a conviction for trafficking in heroin, based mainly on statements of two police . .
CitedRegina v Owen; Regina v Stephen CACD 11-Nov-1998
A recorded prisoner’s telephone call from prison was admissible in evidence without the defence having any right to challenge it, where the interceptor established a presumption of consent to the interception because of warnings given to prisoners. . .

Cited by:

CitedW, Regina v (Attorney General’s reference no 5 of 2002) CACD 12-Jun-2003
Three serving police officers provided confidential information to a known criminal. The Chief Constable authorised interception of telephones at a police station, a private network. The court accepted that section 17 prevented the defence asserting . .
CitedAttorney General’s Reference (No 5 of 2002) HL 14-Oct-2004
The Attorney General sought the correct interpretation of section 17 where a court was asked as to whether evidence obtained from a telephone tapping had been taken from a public or private network. A chief constable suspected that the defendants, . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence, Human Rights

Updated: 10 November 2022; Ref: scu.88580

Regina v Singh and Others: CACD 7 Nov 1997

The defendants appealed against a ruling allowing the admissipn in their trial of transcripts of telephone conversations. The results of the interception of a telephone call made abroad and in accordance with law of that country is admissible here.

Judges:

Roch LJ

Citations:

Times 24-Nov-1997, [1997] EWCA Crim 2854, [1998] 2 Cr App R 16

Statutes:

Criminal Procedure and Investigations Act 1996

Jurisdiction:

England and Wales

Cited by:

CitedRegina v P and others HL 19-Dec-2000
Where communications had been intercepted in a foreign country, and the manner of such interceptions had been lawful in that country, the evidence produced was admissible in evidence in a trial in England. An admission of such evidence was not an . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 10 November 2022; Ref: scu.86067

Cole and Another v Regina: CACD 30 Jul 2007

Judges:

Lord Phillips of Worth Matravers CJ

Citations:

[2007] EWCA Crim 1924, [2007] 1 WLR 2716, [2008] 1 Cr App Rep 5

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedRegina v Blastland HL 1985
The majority decision of the House in Myers v DPP ‘established the principle, never since challenged, that it is for the legislature, not the judiciary, to create new exceptions to the hearsay rule.’ and ‘Hearsay evidence is not excluded because it . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 01 November 2022; Ref: scu.259776

Regina v Loughran: CACD 1999

The appellant had been convicted at a retrial of offences of rape and robbery. He said that there had been an attempt at sexual intercourse with the consent of the complainant, but the penetration had not occurred. He denied robbery. At the time of the alleged offence he was suffering from a physical condition which might or might not, depending on the reaction of the jury, have assisted his defence if they had been made aware of it. Both at the original trial and at the retrial the appellant had decided, on legal advice and for tactical reasons, not to place before the jury evidence of his condition.
Held: The court received the evidence which it considered cast serious doubts on the credibility of the complainant, and quashed the conviction, emphasising that ultimately the question for the court is whether the conviction is safe.

Citations:

[1999] Crim LR 404

Jurisdiction:

England and Wales

Citing:

AppliedRegina 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 . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 31 October 2022; Ref: scu.649115

Sule v Regina: CACD 23 May 2012

################
Stanley Burnton LJ concluded: ‘In our judgment, the evidence of the three incidents was evidence that was alleged to do with the evidence of the murder in question. The words of the statute are straightforward, and clearly apply to evidence of incidents alleged to have created the motive for the index offence. Indeed, where the evidence is reasonably relied upon for motive, it would be irrational to introduce a temporal requirement. Take these examples. A man is wounded in a shooting. He is hospitalised for six months. On discharge, he is alleged to have shot the man who is alleged to have been his attacker. In another case, the reprisal is the day after the first attack. In the second case, the evidence of the first attack is not bad character for the purposes of s.98, in the first it is.
In our judgment, the judge’s decision was clearly right, and we pay tribute to his clear and cogent ruling. Incidents (1) and (3) gave rise to the alleged motive for the murder that was the subject of the indictment. Incident [(2)] [ . . ] was part of the pattern: as was put by Mr Price, part of a series of ‘tit for tat’ incidents. Each of them had to do with the others, as had the index offence. They were not merely relevant: they were intrinsic to the prosecution’s case.
We add that, given these four incidents took place within a period of three months, if there were a temporal requirement in s.98(a), we would have held it to be satisfied.’

Judges:

Stanley Burnton LJ

Citations:

[2012] EWCA Crim 1130, [2013] 1 Cr App R 3

Links:

Bailii

Statutes:

Criminal Justice Act 2003 98

Jurisdiction:

England and Wales

Cited by:

CitedLunkulu and Others v Regina CACD 7-Aug-2015
Request for leave to appeal out of time against convictions for murder and against sentence. Much evidence had been circumstantial, and the defendants alleged bias in the summing up, and complained of the admission of bad character evidence.
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 31 October 2022; Ref: scu.459620

Khan, Regina v: CACD 4 Feb 2020

The main point on this appeal raises the issue of whether the appellant’s bad character should have been admitted under Part 11, Chapter 1 of the Criminal Justice Act 2003 as part of the prosecution case.

Judges:

Simon LJ

Citations:

[2020] EWCA (Crim) 163

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Evidence

Updated: 28 October 2022; Ref: scu.648847

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 the jury, or the court where it is the trier of the facts, as the judge of human nature, of the behaviour of normal people and of situations which are within the experience of ordinary persons or are capable of being understood by them
Expert medical evidence based upon observation of a witness can only be admitted if that evidence showed a recognised mental illness.

Lawton LJ said: ‘An expert’s opinion is admissible to furnish the court with scientific information which is likely to be outside the experience and knowledge of a judge or jury. If on the proven facts a judge or jury can form their own conclusions without help, then the opinion of an expert is unnecessary. In such a case, if it is just out of the scientific jargon, it may make judgment more difficult. The fact that an expert witness has impressive scientific qualifications does not by that fact alone make his opinion on matters of human nature and behaviour within the limits of normality any more helpful than that of the jurors themselves . . Jurors did not need psychiatrists to tell them how ordinary folk who are not suffering from any mental illness are likely to react to the stresses and strains of life.’ and ‘A man’s personality and mental make-up do have a bearing upon his conduct. A quick-tempered man will react more aggressively to an unpleasing situation than a placid one. Anyone having a florid imagination or a tendency to exaggerate is less likely to be a reliable witness than one who is precise and careful. These are matters of ordinary human experience. Opinions from knowledgeable persons about a man’s personality and mental make-up play a part in many human judgments.’
. . And ‘Before a court can assess the value of an opinion it must know the facts upon which it is based. If the expert has been misinformed about the facts or has taken irrelevant facts into consideration or has omitted to consider relevant ones, the opinion is likely to be valueless.’
It is a well recognised rule of evidence that ‘in general evidence can be called to impugn the credibility of witnesses but not led in chief to bolster it up’

Judges:

Lawton LJ

Citations:

[1975] QB 834, (1974) 60 Cr App R 80, [1975] 1 All ER 70, [1975] 2 WLR 56, (1975) 60 Cr App R 834

Jurisdiction:

England and Wales

Cited by:

CitedMartin v Regina CACD 30-Oct-2001
The defendant had shot a burglar who had entered his isolated home at night. He claimed self defence, but the burglar appeared to have been shot as he retreated. A defendant is entitled to use reasonable force to protect himself, others for whom he . .
CitedRegina v Ward CACD 1993
The court considered the admission of medical evidence to support other evidence against a defendant as to his propensity. ‘But we conclude on the authorities as they now stand that the expert evidence of a psychiatrist or a psychologist may . .
CitedPinfold, Mackenney v Regina CACD 15-Dec-2003
The appellants challenged their convictions for murder. The convictions had been based substantially upon the evidence of a co-accused who had admitted his part. They now challenged the admission by way of support of the evidence of the co-defendant . .
CitedRegina v O’Brien; Regina v Hall; Regina v Sherwood CACD 16-Feb-2000
It is proper for the court to admit psychiatric evidence of a defendant’s particular readiness to make false confessions. Such evidence should however be closely circumscribed, and should include for example, that it makes the evidence gained . .
CitedRegina v Hersey CACD 1-Dec-1997
The defendant appealed against his conviction for robbery, which had been based in part on witnesses identifying his voice. Particular concern was raised where a series of recordings had been brought together from which the witness had been asked to . .
CitedRegina v Stockwell CA 5-Apr-1993
Expert evidence of facial comparison was admissible if the information and assessment are not otherwise available to the jury. As to Turner: ‘It is to be noted that Lawton LJ there referred to a jury forming their own conclusions ‘without help’. . .
CitedHenry, Regina v CACD 29-Jun-2005
The defendant appealed his conviction for soliciting to murder and conspiracy to murder. An expert’s opinion now described him as of low intelligence and vulnerable to the sort of pressure of which he complained.
Held: The expert evidence had . .
CitedFirth v Epping Magistrates Court Admn 3-Feb-2011
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 . .
CitedC v Regina CACD 6-Jul-2012
The issue in this appeal relates to the admission of evidence of witnesses, identified in her directions by the judge as expert witnesses, who gave evidence as to the impression they had formed as to the truth of complaints made to them by an . .
CitedGibson, Regina v CACD 11-Jan-2006
The defendant renewed has application for leave to appeal against his conviction for the murder of his daughter-in-law. The principle evidence against him was that of an accomplice. She had received letters to say that no further action would be . .
CitedKennedy v Cordia (Services) Llp SC 10-Feb-2016
The appellant care worker fell in snow when visiting the respondent’s client at home. At issue was the admission and status of expert or skilled evidence.
Held: Mrs Kennedy’s appeal succeeded. ‘There are in our view four considerations which . .
CitedChallen, Regina v CACD 28-Feb-2019
Appeal from conviction for murder. The defendant had killed her husband with a hammer. She said that he had, through his controlling behaviour, abused her over many years.
Held: The verdict of manslaughter was substituted. . .
AppliedRegina v Loughran CACD 1999
The appellant had been convicted at a retrial of offences of rape and robbery. He said that there had been an attempt at sexual intercourse with the consent of the complainant, but the penetration had not occurred. He denied robbery. At the time of . .
Lists of cited by and citing cases may be incomplete.

Evidence, Criminal Evidence

Updated: 27 October 2022; Ref: scu.190487

Regina v Botmeh; Regina v Alami: CACD 1 Nov 2001

In an appeal, the Crown sought leave to apply ex parte to have make certain information subject of a public interest immunity certificate. The defence argued that that was possible only on a first instance hearing.
Held: The procedures were available, and would not infringe the defendant’s human rights. There was nothing in the Court of Human rights jurisprudence to say that admission of such new evidence at the Court of Appeal would infringe the defendant’s right to a fair trial. The defence has no absolute right to disclosure of relevant evidence and that strictly necessary measures restricting the rights of the defence were permissible, provided they were counterbalanced by procedures followed by judicial authority.

Judges:

Lord Justice Rose, Mr Justice Hooper and Mr Justice Goldring

Citations:

Times 08-Nov-2001, Gazette 29-Nov-2001, [2001] EWCA Crim 2226, [2002] 1 WLR 531

Links:

Bailii

Statutes:

Crown Court (Criminal Procedure and Investigations Act 1996) (Disclosure) Rules 1997 (SI 1997 No 698)

Jurisdiction:

England and Wales

Citing:

CitedAtlan v The United Kingdom ECHR 19-Jun-2001
It was an infringement of the defendant’s right to a fair trial for the trial judge not to be involved in ex parte applications to exclude evidence. The defect could not be remedied by the same evidence later being presented also to the appeal court . .
CitedJasper v The United Kingdom ECHR 16-Feb-2000
Grand Chamber – The defendants had been convicted after the prosecution had withheld evidence from them and from the judge under public interest immunity certificates. They complained that they had not had fair trials.
Held: The right was . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Criminal Evidence, Human Rights, Crime

Updated: 27 October 2022; Ref: scu.167040

In Re F (A Minor) (Criminal Proceedings): CA 12 Dec 1994

A father’s defence solicitor was entitled to interview children as witnesses of an alleged assault on the mother.

Citations:

Times 12-Dec-1994, Ind Summary 16-Jan-1995

Jurisdiction:

England and Wales

Criminal Practice, Children, Criminal Evidence

Updated: 27 October 2022; Ref: scu.81876

S and Others v Regina: CACD 28 Jun 2012

Four defendants appealed against convictions for child sex abuse. The convictions had taken place at a time when current guidance to examining physicians did not apply. In each case the defendants consented to new evidence from the prosecution.
Held: According to the circumstances, three appeals were allowed but one was not.

Judges:

Rafferty DBE LJ, Treacy J, Rook QC HHJ

Citations:

[2012] EWCA Crim 1433

Links:

Bailii

Statutes:

Criminal Appeals Act 1968 23

Jurisdiction:

England and Wales

Citing:

CitedRegina v Pendleton HL 13-Dec-2001
The defendant had appealed his conviction for murder to the Court of Appeal. The 1968 Act required the court to consider whether the conviction was unsafe. New evidence was before the Court of Appeal, but they had rejected the appeal.
Held: . .
CitedKelvin Dial (otherwise called Peter), Andrew Dottin (otherwise called Maxwell) v The State PC 14-Feb-2005
(Trinidad and Tobago) Two defendants appealed against their convictions for murder. The principal witness who had identified them, had retracted his evidence, but the retraction had not been believed. He was then shown to have lied.
Held: The . .
CitedNoye, Kenneth, Regina v CACD 22-Mar-2011
The prisoner appealed against his conviction for murder on reference from the CCRC. There were new doubts about the reliabiity of the expert forensic expert.
Held: The appeal was dismissed. Dr H’s evidence did not impinge on the essential . .
CitedRegina v Christou; Regina v Wright CACD 8-Jul-1992
Evidence which had been obtained by a police trick (false shop) was admissible. It’s use was not unfair. Lord Taylor CJ said that the defendants ‘voluntarily applied themselves to the trick’.
When assessing impact the court should assume that . .
CitedRegina v Rawlings, Regina v Broadbent CACD 19-Oct-1994
Guidance was given on the circumstances for showing video evidence to a jury a second time after they had once retired.
Held: It should be exceptional only, because of the risk of it attracting greater weight than other evidence. It remains a . .
CitedRegina v Fitzgerald CACD 2006
The admission of evidence on appeal of a previous conviction may amount to a new basis for conviction, i.e. the propensity of the Appellant to commit offences of this type: ‘While this court can receive fresh evidence from the Crown, not only in . .
CitedT, Regina v CACD 17-Oct-2008
Application for permission to appeal against a conviction on ten counts of rape and six counts of indecent assault against this applicant.
Held: Dismissed. . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 27 October 2022; Ref: scu.461750

Regina v Brown, Wilson, Mcmillan and McClean: CACD 31 Jul 1996

Identification on one set of offences was said to be less than sufficient on its own to secure a conviction. Further identification evidence bound the defendants to a related offence. The judge brought them together, and the defence appealed saying it was not correct to do so. In these circumstances neither piece of evidence was so weak as not to be admitted alone, and the judge’s direction was not to be criticised.

Citations:

[1996] EWCA Crim 724

Jurisdiction:

England and Wales

Citing:

ConsideredRegina v Downey CACD 5-Apr-1994
Where offences are ‘welded together’ the jury may regard the totality of evidence. . .
CitedRegina v Barnes (Anthony) CACD 6-Jul-1995
Identification evidence from separate complainants was properly to be accumulated together if one offender was known in sexual assault cases if one person was claimed to be responsible for all the attacks, and the jury was satisfied that it was a . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 26 October 2022; Ref: scu.148388

Regina v R: CACD 2 Feb 1994

DNA test results which had been obtained by a defendant’s solicitor were protected by legal professional privilege from production by a prosecutor for other purposes.

Citations:

Gazette 30-Mar-1994, Times 02-Feb-1994

Statutes:

Police and Criminal Evidence Act 1984 10

Jurisdiction:

England and Wales

Criminal Evidence, Legal Professions

Updated: 26 October 2022; Ref: scu.87584

Regina v Rawlings, Regina v Broadbent: CACD 19 Oct 1994

Guidance was given on the circumstances for showing video evidence to a jury a second time after they had once retired.
Held: It should be exceptional only, because of the risk of it attracting greater weight than other evidence. It remains a matter for the Judge’s discretion.
The Lord Chief Justice set out the procedure to be followed if a judge permits a video of a witness’s evidence to be replayed:
i) The replay should be in court with all parties present;
ii) The jury should be warned to guard against giving the evidence disproportionate weight;
iii) The Judge should remind the jury of cross-examination of the witness, whether or not asked to do so.

Citations:

Times 19-Oct-1994, Gazette 11-Jan-1995, Independent 18-Oct-1994, [1995] 2 Cr App R 222, [1995] 1 WLR 178

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Imran, Hussain CACD 9-Jun-1997
The two appellants were among four convicted of robbery. Imran complained that the police had not disclosed the existence of CCTV coverage before the interview, and Hussain that a copy of the surveillance tape had been given to the jury after . .
CitedS and Others v Regina CACD 28-Jun-2012
Four defendants appealed against convictions for child sex abuse. The convictions had taken place at a time when current guidance to examining physicians did not apply. In each case the defendants consented to new evidence from the prosecution.
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 26 October 2022; Ref: scu.87599

Regina v Downey: CACD 5 Apr 1994

Where offences are ‘welded together’ the jury may regard the totality of evidence.

Citations:

Times 05-Apr-1994, [1995] 1 Cr App R 547

Jurisdiction:

England and Wales

Cited by:

ConsideredRegina v Brown, Wilson, Mcmillan and McClean CACD 31-Jul-1996
Identification on one set of offences was said to be less than sufficient on its own to secure a conviction. Further identification evidence bound the defendants to a related offence. The judge brought them together, and the defence appealed saying . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 26 October 2022; Ref: scu.86580

Regina v Ahmed and Others: CACD 29 Mar 1994

The tapping of telephone calls within a police station switchboard was outside the scope of the Act, since the calls were not intercepted whilst the communications were being carried on a public telecommunications system.

Citations:

Ind Summary 18-Apr-1994, Unreported, 29 March 1994

Statutes:

Interception of Communications Act 1985 1-1

Jurisdiction:

England and Wales

Cited by:

CitedW, Regina v (Attorney General’s reference no 5 of 2002) CACD 12-Jun-2003
Three serving police officers provided confidential information to a known criminal. The Chief Constable authorised interception of telephones at a police station, a private network. The court accepted that section 17 prevented the defence asserting . .
CitedAttorney General’s Reference (No 5 of 2002) HL 14-Oct-2004
The Attorney General sought the correct interpretation of section 17 where a court was asked as to whether evidence obtained from a telephone tapping had been taken from a public or private network. A chief constable suspected that the defendants, . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 26 October 2022; Ref: scu.86042

Lockheed-Arabia v Owen: CA 7 Jul 1993

A photocopy of a cheque had been taken. The cheque itself was subsequently stolen. An expert gave evidence on the authenticity of the signature without having seen the original. It was held that statutory provisions were wide enough to allow the judge to give the photocopy the same status as the original for this purpose.

Citations:

Gazette 07-Jul-1993

Statutes:

Criminal Procedure Act 1865 8

Jurisdiction:

England and Wales

Criminal Evidence

Updated: 26 October 2022; Ref: scu.83146

Regina v R: CACD 26 Jan 1994

During the prosecution case, the learned Judge was asked to permit representatives of the Crown Prosecution Service to interview a scientist who had carried out DNA tests at the request of the defence solicitors on a blood sample provided by the defendant to his G.P. for that purpose. Leave was granted, and subsequently the learned Judge ruled that the evidence of the scientist, who had been subpoenaed as a witness for the prosecution, was admissible against the defendant.
Held: A sample provided by a defendant through his own lawyer to an expert witness was privileged.

Judges:

Evans LJ

Citations:

Ind Summary 21-Feb-1994, [1995] 1 Crim App R 183, [1994] 1 WLR 758, [1994] EWCA Crim 6

Links:

Bailii

Statutes:

Police and Criminal Evidence Act 1984 10(1)(c)

Jurisdiction:

England and Wales

Criminal Evidence

Updated: 26 October 2022; Ref: scu.661635

Regina v Malik: CACD 2000

Lord Bingham said: ‘If there is clear evidence that a police officer, whose credit and credibility are significant in the case before the jury, has been guilty of serious malpractice on an earlier occasion, that necessarily damages his credibility when it falls to be judged on the second occasion, even though the malpractice alleged on the second occasion is of a different kind.’

Judges:

Lord Bingham

Citations:

[2000] 2 Cr App 8

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Livingstone CANI 25-Jun-2013
The defendant appealed against his conviction for murder, saying that police officers had fabricated a confession, and had severely mistreated another detainee to concoct further evidence.
Held: The appeal was allowed. Had the material . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence, Police

Updated: 26 October 2022; Ref: scu.535594

Regina v Browning: CACD 1991

A witness by the name of Hughes said that he was overtaken at considerable speed by a Renault 25 with a registration number beginning C7.
Held: The peculiar risks of mistaken facial identification do not apply to the same extent to evidence of sightings of other objects, such as a motor car.
Glidewell LJ said: ‘Mr. Griffith Williams submits that a Turnbull type direction should have been given to the jury as regards both the car and the man. As to the car, unlike a human being, the appearance of a car remains constant unless it is deliberately altered by having its colour changed or by having some pieces added to it. Save for such deliberate alteration, it cannot in its nature change shape or colour or size. A human being’s facial expression alters constantly and his bodily position and appearance alters constantly. Of course, a human being’s dress alters and his style of hair may alter from time to time. Identifying a particular car, in our view, depends upon first, the witness being sufficiently knowledgeable about makes of cars to be able clearly to distinguish one from another – some people can, some cannot; secondly, being able to recollect the make and the colour of the car he has seen; and thirdly, being able to observe and then recollect the most important of the individual distinguishing features which every car carries with it, that is to say its registration number. As to this, the judge said at p. 23 in relation to Mr. Hughes:
‘He saw that it was a C registered car and as I told you in what I was saying before I had our break, he made one statement, then he made another statement, and was asked to go down to Worcester, Hindlip Hall, in order to see if he could identify the car and he told you that on his way down he remembered the 7. He had thought and thought about it, and you may remember that a number of witnesses appeared to be being criticised for the fact that in their initial statement they did not put everything that they had later come to remember. You are required to bring your common sense into the jury box, as I am sure you have, and you will judge that suggestion according to its merits. If you really put your thinking cap on and you perhaps remember more than when you first thought about it, of course the danger the other way is that you may begin to think that you remember things that did not happen at all. You judge that criticism for what it may be worth.’
In our view that was a perfectly proper reminder to the jury. It is our judgment that a Turnbull direction as such is not needed in relation to a motor car. What is necessary is to do what the judge here did: to draw the jury’s attention in relation to each witness, first of all, to the opportunity which the witness had to identify the car. The judge did that in relation to a number of the witnesses. He reminded the jury that Mr. Farrell was travelling at about 80 miles an hour, but he put it more graphically, 102 feet a second, in the summing-up. He reminded the jury that Mr. Marsh had said that he only had a fleeting glance. Secondly, he should draw the jury’s attention to a witness’s apparent ability or inability to distinguish between makes of cars and the characteristics of cars. Thirdly, he should make the point, which the judge made in the passage to which I have just referred, that the jury must decide how far a witness is genuinely recollecting what he saw and how far his mind has invented or has absorbed information from somewhere else and then transmuted that into making him think that he has recollected something that he has not actually recollected at all. In our view the judge in his comments to the jury fulfilled the duty upon him to warn them properly in respect of identifying motor cars.’

Judges:

Glidewell LJ

Citations:

(1991) 94 Cr App R 109

Jurisdiction:

England and Wales

Citing:

DistinguishedRegina v Turnbull and Another etc CCA 9-Jun-1976
The defendants appealed against their convictions which had been based upon evidence of visual identification.
Held: Identification evidence can be unreliable, and courts must take steps to reduce injustice. The judge should warn the jury of . .

Cited by:

CitedThe Queen v Crawford PC 11-Nov-2015
From the Court of Appeal of the Cayman Islands – The crown appealed against the quashing of the respondent’s conviction for possession of an unlicensed firearm. A gun was found where he had been seen to discard a gun whilst being chased. The . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 26 October 2022; Ref: scu.554671

Lennon, Regina v: CACD 10 May 1999

Appeal against conviction for affray. He had been at a demonstration. He was said to have been seen by a police officer throwing a bottle at police lines. The defendant said that the judge had wrongly allowed the identification evidence.

Judges:

Buxton LJ, Hidden, Elas JJ

Citations:

[1999] EWCA Crim 1309

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Evidence

Updated: 26 October 2022; Ref: scu.536016

Lashley, Regina v: CACD 8 Feb 2000

The sole evidence against an appellant was DNA found on a cigarette left at the scene of the crime. It was accepted that there would be between seven and ten males in the United Kingdom to whom this profile related. There was no other evidence before the jury linking the defendant to the crime.
Held: The judge ought to have acceded to submissions at the close of the prosecution case that the case should be withdrawn from the jury. In an appropriate case the additional evidence need only be very limited, but there must be some independent evidence establishing a nexus between the defendant and the crime.

Judges:

Kennedy LJ, Goldring J

Citations:

[2000] EWCA Crim 88

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedRegina v Galbraith CCA 1981
Rejection of Submission of No Case to Answer
The defendant had faced a charge of affray. The court having rejected his submission of having no case to answer, he had made an exculpatory statement from the dock. He appealed against his conviction.
Held: Lord Lane LCJ said: ‘How then . .
CitedRegina v Doheny, Adams CACD 31-Jul-1996
The court set out the procedure for the introduction of DNA evidence in criminal trials. In particular the court explained the ‘Prosecutor’s Fallacy’ when using statistical evidence. The significance of the DNA evidence will depend critically upon . .

Cited by:

CitedRegina v Ogden CACD 28-Jun-2013
The defendant had been charged for burglary on the basis, solely, of DNA evidence found on a scarf. The scarf was accidentally destroyed before the trial, and the defence had been unable to have it examined. He now appealed saying that the use of . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 25 October 2022; Ref: scu.245924

Regina v Richardson: CACD 9 May 1991

The applicant had given no evidence at trial and agreed that witnesses who might have assisted him should not be called. He had not been honest with his legal representatives at trial.
Held: McCowan LJ said: ‘On the one hand, this is a case of a man who has advanced an admittedly lying defence and it having failed now wants to try another one. The court is extremely reluctant to lend any assistance to that sort of purpose. Indeed it could only be in an exceptional case that it would do so. On the other hand, we have to consider whether there is a risk that by reason of his own stupid lies a miscarriage of justice may have occurred . .’ The court decided to receive the fresh evidence and thus allow the application. In the event a retrial was ordered.

Judges:

McCowan LJ

Citations:

Unreported, 09 May 1991

Jurisdiction:

England and Wales

Cited by:

CitedGibson, Regina v CACD 11-Jan-2006
The defendant renewed has application for leave to appeal against his conviction for the murder of his daughter-in-law. The principle evidence against him was that of an accomplice. She had received letters to say that no further action would be . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 25 October 2022; Ref: scu.237577

Regina v Woodward (Terence): CACD 7 Dec 1994

On a prosecution for causing death by dangerous driving, contrary to section 1 of the 1988 Act, the fact that the driver was adversely affected by alcohol was a relevant circumstance in determining whether he was driving dangerously.’The fact (if it be so) that an accused has ingested a large quantity of alcoholic drink is a circumstance within the knowledge of the accused. Accordingly, the statute requires that ‘regard shall be had’ to it.’

Judges:

Lord Taylor CJ

Citations:

Times 07-Dec-1994, [1995] 2 Cr App R 388, [1995] 3 All ER 79, [1995] RTR 130

Statutes:

Road Traffic Act 1988 1

Jurisdiction:

England and Wales

Citing:

CitedRegina v McBride 1961
Evidence that a driver had been drinking was admissible when the driver faced a charge of dangerous driving. . .

Cited by:

CitedPhipps, Regina v CACD 14-Jan-2005
The appellant had been convicted of driving with excess alcohol. After complaints by the injured victim’s family he was further prosecuted for dangerous driving. He now appealed his conviction, having pleaded guilty when the judge failed to find an . .
CitedWebster v Regina CACD 3-Mar-2006
The appellant challenged his conviction for aiding an abetting the causing of death by dangerous driving as a passenger. The driver had been drunk.
Held: The mere intoxication of the driver was not of itself and alone sufficient to establish . .
CitedMilton v Crown Prosecution Service Admn 16-Mar-2007
The defendant appealed his conviction for dangerous driving, saying that his special skills as a trained police driver should have been allowed for. He had driven on a motorway at average speeds of 148mph.
Held: His appeal was allowed. The . .
CitedBannister, Regina v CACD 28-Jul-2009
The defendant appealed his conviction for dangerous driving. As a police officer he had driven at over 110 mph on a motorway in the wet, lost control and crashed. He said that the fact that he had undertaken the police advanced drivers’ course . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence, Road Traffic

Updated: 25 October 2022; Ref: scu.88345

Regina v Wren: CACD 13 Jul 1993

The defendant was accused of indecent assault. He said that the complainant had consented.
Held: It was necessary for the jury to consider whether the appellant might honestly have believed that the complainant was consenting because that was an issue that arose from the facts. The judge has a duty to direct the jury on each issue to be considered by them, and to clear up the slightest doubts about issues before the closing speeches.

Citations:

Times 13-Jul-1993, Ind Summary 09-Aug-1993, [1993] CLR 952

Jurisdiction:

England and Wales

Cited by:

CitedH, Regina v CACD 25-Apr-2006
The defendant youth appealed his conviction and sentence for rape by oral penetration of a six or seven year old boy. He complained that the evidence contained such inconsistences that the case should not have proceeded. Complaint was also made that . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence, Criminal Practice

Updated: 25 October 2022; Ref: scu.88351

Regina v Skinner: CACD 6 Dec 1993

Witnesses should not rehearse their evidence together before going into court. Farquharson LJ said: ‘It has certainly been permissible, since Lord Goddard’s time, for officers to confer together in the making up of their notebooks immediately after the events or interviews in which they have both been participating, as an aid to memory. That is shown by [Bass].’

Judges:

Farquharson LJ

Citations:

Ind Summary 06-Dec-1993, [1994] 99 CAR 212

Jurisdiction:

England and Wales

Citing:

CitedRegina v Bass CCA 1953
The court considered how to deal with the admission of a statement where the defendant contested its admissibility. Here the defendant said he had not been cautioned before the interview.
Held: It was within the discretion of the judge to . .

Cited by:

CitedRegina v Momodou and Limani CACD 2-Feb-2005
The defendants appealed against their convictions and sentence for violent disorder and assault during an uprising at Yarl’s Wood Detention centre. It was said that witnesses had been coached, other defence witnesses had been returned to their . .
CitedSaunders and Tucker, Regina (on the Application of) v The Association of Chief Police Officers and others Admn 10-Oct-2008
The deceased had been shot by police during an armed siege. His family complained that the Independent Police Complaints Commission had declined to order the officers not to confer with each other before making statements.
Held: The authority . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 25 October 2022; Ref: scu.88038

Regina v Smurthwaite; Regina v Gill: CACD 5 Oct 1993

It is not a defence merely to show that there had been entrapment or the use of an agent provocateur, but the Judge has a discretion to exclude the evidence obtained if it would be unfair to use it. The need is to ensure a fair trial.

Citations:

Gazette 13-Oct-1993, Ind Summary 11-Oct-1993, Times 05-Oct-1993, [1994] 98 Cr App R 437

Statutes:

Police and Criminal Evidence Act 1984 78

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Mulkerrins and Sansom CACD 20-Jun-1997
The defendant appealed sentences for importing 795 kgs of cocaine, with a street value of approximately pounds 125 million.
Held: There was evidence of others involved at a level even higher than the two appellants, but both appellants had . .
CitedRegina v Shannon (Also Known As Alford) CACD 11-Oct-2000
The defendant had been enticed to commit a crime involving supply of controlled drugs by a journalist acting as an agent provocateur.
Held: Entrapment is not a defence in UK law. It was open to the judge hearing the prosecution to exclude the . .
CitedDirector of Public Prosecutions v Wood; Director of Public Prosecutions v McGillicuddy Admn 19-Jan-2006
Each defendant sought disclosure of materials concerning the intoximeter instruments, having been charged with driving with excess alcohol. The defendants said that the meters were inaccurate and that the manufacturers were in effect part of the . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 25 October 2022; Ref: scu.88058

Regina v Taylor-Sabori: CACD 25 Sep 1998

An intercept of a pager message between its transmission from the local land station to the pager was not unlawful. Such communications are not protected by a provision restricting interception of messages emanating from abroad.

Judges:

Henry LJ, Sir Patrick Russell, Beaumont QC J

Citations:

Times 12-Oct-1998, Gazette 14-Oct-1998, [1999] 1 WLR 858, [1998] EWCA Crim 2668

Links:

Bailii

Statutes:

Interception of Communications Act 1985 10(2)

Jurisdiction:

England and Wales

Criminal Evidence

Updated: 25 October 2022; Ref: scu.88162

Regina v Pieterson; Regina v H: CACD 8 Nov 1994

The defendants appealed against their convictions for robbery. A dog had been used to follow scents from the scene, picking up items taken in the raid. The defendants objected to admission of evidence of the dog’s activities and reliability.
Held: The appeal failed. Evidence discovered after a trace by a dog might be allowed in, subject to stringent conditions, and evidence as to the dog’s training. Though the supporting evidence here had not met that standard, the deficiency was peripheral. The item found was found within a short distance from the scene of the crime, and had been identified by the victim.
‘In our judgment, if a dog handler can establish that a dog has been properly trained and that over a period of time the dog’s reactions indicate that it is a reliable pointer to the existence of a scent from a particular individual, then that evidence should properly be admitted.
However, it is important to emphasise two safeguards. First, the proper foundation must be laid by detailed evidence establishing the reliability of the dog in question. Secondly, the learned judge must, in giving his directions to the jury, alert them to the care that they need to take and to look with circumspection at the evidence of tracker dogs, having regard to the fact that the dog may not always be reliable and cannot be cross-examined.’

Judges:

LCJ

Citations:

Gazette 11-Jan-1995, Times 11-Nov-1994, [1995] 2 Cr App R 11, 93/6570/Z3, [1994] EWCA Crim 5

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedRex v Gibbins and Proctor CCA 1918
Wretched parents were accused of murder after their children starved to death. The court was asked whether they should be tried together: ‘The rule is, that it is a matter for the discretion of the judge at the trial whether two people jointly . .
Not FollowedRex v Trupedo 1920
(South Africa) Evidence concerning the activity of a tracker dog was not admissible. Innes CJ said: ‘We have no scientific or accurate knowledge as to the faculty by which dogs of certain breeds are said to be able to follow the scent of one human . .
CitedRegina v Haas 1962
(Court of Appeal of British Columbia) The court considered the admissibility of evidence derived from a tracker dog: ‘Once the qualifications of a tracking dog to follow a scent and that of his trainer to handle the dog have been established (in the . .
CitedRex v White 1926
(British Colombia) Evidence regarding a tracker dog was held inadmissible. . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 25 October 2022; Ref: scu.87547

Regina v Preston and Others: CACD 17 Jun 1992

Evidence from telephone taps cannot be obtained for prosecution, and were inadmissible in court having been obtained unfairly.

Citations:

Gazette 17-Jun-1992

Statutes:

Interception of Communications Act 1985 9, 2-2-b

Jurisdiction:

England and Wales

Cited by:

Appeal fromRegina v Preston, Preston, Clarke Etc HL 5-Nov-1993
Telephone tapping evidence consisting of tapping records are to be destroyed after their use for the purpose obtained, but a prosecution was not within that purpose. The underlying purpose of the 1985 Act is to protect information as to the . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 25 October 2022; Ref: scu.87575

Regina v Morris: CACD 25 Oct 1994

The otherwise unexplained or unexplainable possession of large amounts of cash can be admissible as evidence of drug dealing.

Citations:

Independent 25-Oct-1994, Times 20-Oct-1994, [1995] 2 Cr App R 69

Jurisdiction:

England and Wales

Cited by:

CitedPayton, Regina v CACD 26-May-2006
The defendant appealed a conviction of possession of 66 grams of cannabis with intent to supply. Also found were a large number of small bags and pounds 7,000 in cash. The defendant said the cannabis was for his personal use, and the equipment had . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing, Criminal Evidence

Updated: 25 October 2022; Ref: scu.87390

Regina v Nicholson (Andrew Robert): CACD 8 Sep 1999

Where in an assault case, the complainant did not assert that she would be able to identify the defendant, a defendant seeking an identity parade merely for the purpose of establishing what was admitted, could not oblige a parade to be called. The prosecution had proceeded on the basis of other evidence, and placed no reliance upon a general description given by the complainant.

Citations:

Gazette 08-Sep-1999

Statutes:

Police And Criminal Evidence Act 1984 Codes of Practice 1996 D:2.3

Jurisdiction:

England and Wales

Criminal Evidence

Updated: 25 October 2022; Ref: scu.87439

Regina v Mattey, Regina v Queeley: CACD 13 Oct 1994

The admission of written evidence for the defendant under the section was to be decided on the civil standard of the balance of probabilities.

Citations:

Ind Summary 24-Oct-1994, Times 13-Oct-1994, Gazette 09-Nov-1994

Statutes:

Criminal Justice Act 1988 23

Jurisdiction:

England and Wales

Criminal Evidence

Updated: 25 October 2022; Ref: scu.87296

Regina v Hook: CACD 11 Nov 1994

The defendant appealed his conviction for obtaining property by deception. He said the judge should have excluded evidence of allegations of six other similar offences, even though his counsel had not objected at the time.
Held: The judge has a duty himself to challenge evidence if it is clearly not admissible. It would be a misdirection to fail to do so. However that duty did not apply where, as here, there were possibly sustainable arguments for its inclusion. An appeal was not to be used generally to take up points which counsel might have raised at trial.

Judges:

Glidewell LJ, French J, Buckley J

Citations:

Times 11-Nov-1994

Jurisdiction:

England and Wales

Criminal Evidence

Updated: 25 October 2022; Ref: scu.86880

Regina v Deen: CACD 21 Dec 1993

The statistical basis of DNA evidence presented to the court was incorrect in principle. It suffered from the ‘prosecutor’s fallacy’. The court described the nature of DNA evidence: ‘The process of DNA profiling starts with DNA being extracted from the crime stain and also from a sample taken from the suspect. In each case the DNA is cut into smaller lengths by specific enzymes. The fragments produced are sorted according to size by a process of electrophoresis. This involves placing the fragments in a gel and drawing them electromagnetically along a track through the gel. The fragments with smaller molecular weight travel further than the heavier ones. The pattern thus created is transferred from the gel onto a membrane. Radioactive DNA probes, taken from elsewhere, which bind with the sequences of most interest in the sample DNA are then applied. After the excess of the DNA probe is washed off, an X-ray film is placed over the membrane to record the band pattern. This produces an auto radiograph which can be photographed. When the crime stain DNA and the sample DNA from the suspect have been run in separate tracks through the gel, the resultant auto-radiographs can be compared. The two DNA profiles can then be said either to match or not.’

Judges:

Lord Taylor CJ

Citations:

Times 10-Jan-1994

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Clark CACD 2-Oct-2000
. .
CitedRegina v Doheny, Adams CACD 31-Jul-1996
The court set out the procedure for the introduction of DNA evidence in criminal trials. In particular the court explained the ‘Prosecutor’s Fallacy’ when using statistical evidence. The significance of the DNA evidence will depend critically upon . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 25 October 2022; Ref: scu.86526

Regina v Fitzpatrick (Gerald): CACD 19 Feb 1999

The direction to the jury about the value of expert evidence need not be followed slavishly. A jury should know that they were not necessarily bound by an expert’s opinion, but there is no inflexible requirement as to the wording to be used.

Citations:

Times 19-Feb-1999

Jurisdiction:

England and Wales

Citing:

CitedRegina v Stockwell CA 5-Apr-1993
Expert evidence of facial comparison was admissible if the information and assessment are not otherwise available to the jury. As to Turner: ‘It is to be noted that Lawton LJ there referred to a jury forming their own conclusions ‘without help’. . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 25 October 2022; Ref: scu.86666

Regina v Cain: CACD 1 Nov 1993

Three defendants faced the jury. One with and two without a good character. The criminal convictions of the second were made known by her to the jury. The first defendant now appealed complaining at the way the judge had given his directions.
Held: The appeal failed. Where different defendants had different records each was entitled to the benefit of whatever direction was appropriate to his or her case. Though the judge had failed to give appropriate directions in this case no significant harm had followed.

Citations:

Ind Summary 01-Nov-1993, [1994] 2 All ER 398

Jurisdiction:

England and Wales

Citing:

ConsideredRegina v Vye etc CACD 7-Apr-1993
Detailed guidance was given on good character directions, as to how and when they should be given, but: ‘Provided that the judge indicates to the jury the two respects in which good character may be relevant, ie credibility and propensity, this . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 25 October 2022; Ref: scu.86264

Regina v Cooke (Stephen): CACD 10 Aug 1994

A sample of hair taken without the suspect’s consent was not an intimate sample, and did not require the associated permissions and procedures. Evidence derived from such a sample was accordingly admissible in evidence.

Citations:

Ind Summary 05-Sep-1994, Times 10-Aug-1994, Gazette 07-Oct-1994

Statutes:

Police and Criminal Evidence Act 1984 65

Jurisdiction:

England and Wales

Police, Criminal Evidence

Updated: 25 October 2022; Ref: scu.86435

Regina v Nicholson (Andrew Robert): CACD 2 Sep 1999

Where in an assault case, the complainant did not assert that she would be able to identify the defendant, a defendant seeking an identity parade merely for the purpose of establishing what was admitted, could not oblige a parade to be called. The prosecution had proceeded on the basis of other evidence, and placed no reliance upon a general description given by the complainant.

Citations:

Times 02-Sep-1999

Statutes:

Police And Criminal Evidence Act 1984 Codes of Practice 1996 D:2.3

Jurisdiction:

England and Wales

Criminal Evidence

Updated: 25 October 2022; Ref: scu.85428

Regina v Owen; R v Stephen: CACD 10 Dec 1998

A recorded prisoner’s telephone call from prison was admissible in evidence without the defence having any right to challenge where the interceptor established a presumption of consent to the interception because of warnings given to prisoners.

Citations:

Gazette 10-Dec-1998

Statutes:

Interception of Communications Act 1985 9

Jurisdiction:

England and Wales

Criminal Evidence

Updated: 25 October 2022; Ref: scu.85439

Regina v Popat (No 2): CACD 2 Sep 1999

The case of R v Popat had not been overruled by R v Forbes, which had been decided unfortunately. The obligation to hold an identity parade was not absolute. There are other factors which can be relied upon to make the obligation indeterminate.

Citations:

Times 02-Sep-1999

Statutes:

Police And Criminal Evidence Act 1984 Codes of Practice 1996 D:2.3

Jurisdiction:

England and Wales

Citing:

Renewed appealRegina v Popat CACD 23-Mar-1998
Though an identification parade should be held whenever it would serve a useful purpose, where the evidence of identification by a witness was already complete and satisfactory there was no continuing obligation on the police to provide an . .

Cited by:

See alsoRegina v Popat CACD 23-Mar-1998
Though an identification parade should be held whenever it would serve a useful purpose, where the evidence of identification by a witness was already complete and satisfactory there was no continuing obligation on the police to provide an . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 25 October 2022; Ref: scu.85446

Regina v Roberts: CACD 14 Sep 1999

Where it became clear during a trial that a witness’ identification of the defendant was based rather on voice than visual memory, counsel for prosecution and defence should have been given opportunity to consider this and make representation, with the trial being stopped if necessary. Research suggests that identification from voice is less reliable even than visual identification.

Citations:

Times 14-Sep-1999

Jurisdiction:

England and Wales

Criminal Evidence

Updated: 25 October 2022; Ref: scu.85463

Regina v Ryan: CACD 13 Oct 1999

There has been some confusion about the need for identity parades to be held where requested by the defendant. Where the witness had properly identified the defendant such a parade need not be held. The decision in R v Popat was to be preferred to that in R v Forbes.

Citations:

Times 13-Oct-1999

Statutes:

Police and Criminal Evidence Act 1984 Codes of Practice

Jurisdiction:

England and Wales

Criminal Evidence

Updated: 25 October 2022; Ref: scu.85468

Regina v K (Corroboration): CACD 16 Jul 1999

The mother had drawn an allegation from her daughter by questioning.
Held: Where a child’s complaint in a sex abuse case may have been elicited by the mother, the court should make clear to the jury the danger of treating the mother’s evidence as corroborative of the child’s, and also as to the danger arising from the susceptibility to suggestion in such a child. The convictions in this case were unsafe.

Judges:

Gage J

Citations:

Times 16-Jul-1999

Jurisdiction:

England and Wales

Criminal Evidence

Updated: 25 October 2022; Ref: scu.85335

Regina v M and Others: CACD 2 Sep 1999

Evidence of the proper background to the offence was normally admissible, even if this revealed previous offences by the defendant, and despite the fact that such offences might not be admissible on a similar fact basis. Where the jury could not obtain a proper understanding of the case without such material it should be admitted. ‘It is apparent that the judgment in Percival was directed to the summing-up in that particular case. We find in the judgment no attempt by the Court to lay down principles of general application in relation to how judges should sum up in cases of delay and we accordingly would wish to discourage the attempts being made, with apparently increasing frequency, in applications and appeals to this Court to rely on Percival as affording some sort of blueprint for summings-up in cases of delay. It affords no such blueprint. Indeed in this area, as in so many others, prescription by this Court as to the precise terms of a summing-up is best avoided. Trial judges should tailor their directions to the circumstances of the particular case. In a case where there have been many years of delay between the alleged offences and trial, a clear warning will usually be desirable as to the impact which this may have had on the memories of witnesses, and as to the difficulties, which may have resulted for the defence. The precise terms of that warning and its relationship to the burden and standard of proof can be left to the good sense of trial judges with appropriate help and guidance from the Judicial Studies Board.’

Judges:

Rose LJ

Citations:

Times 02-Sep-1999, [2000] 1 Crim App R 49

Jurisdiction:

England and Wales

Citing:

CitedRegina v Pettman CACD 2-May-1985
Background evidence is admissible ‘Where it is necessary to place before the jury evidence of part of a continual background of history relevant to the offence charged in the indictment and without the totality of which the account placed before the . .
CitedRegina v Percival CACD 19-Jun-1998
There was an additional burden on a judge in a case involving very old allegations of sexual abuse to use his imprimatur to emphasise to the jury the additional difficulties faced by a defendant and the high burden of proof. . .

Cited by:

CitedBrizzalari v Regina CACD 19-Feb-2004
Limits to Requests for Adverse Inferences
In closing, prosecuting counsel had suggested that during the trial two matters had been mentioned by the defence which had not been mentioned earlier, and that the jury should feel free to draw proper inferences under the 1984 Act from that . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 25 October 2022; Ref: scu.85383

Regina v Byron: CACD 10 Mar 1999

A description of a suspect given by a witness is not itself an identification. Where an identification parade has not been held and therefore there is no admissible identification of the defendant, such evidence of description remains admissible.

Citations:

Times 10-Mar-1999

Jurisdiction:

England and Wales

Criminal Evidence

Updated: 25 October 2022; Ref: scu.85158