The defendant appealed against his convictions for offences of rape and robbery. Towards the end of his trial, he had sacked his legal team, and had given no colsing address. He complained that the judge had even so allowed the prosecutor to ake an address.
Held: The application for leave to appeal failed. The court shared doubts that the convention that a rosecutor should not make a closing speech where a defendant was unrepresented still existed: ‘We prefer to approach the matter as an issue of balance and fairness. It is the overriding duty of any trial judge to ensure that an accused has a fair trial. As part of that duty it would be incumbent upon a trial judge, faced with an unrepresented accused, to assess all the circumstances of the case and decide whether or not it would be fair to allow prosecuting counsel to make a speech.’
Hallet VP CACD LJ, Cranston, Knowles JJ
[2014] EWCA Crim 2512
Bailii
England and Wales
Citing:
Cited – Regina v Mondon CACD 1968
The appellant had been unrepresented throughout her trial. She appealed, complaining that the prosecutor had been allowed to make a closing speech.
Held: The conviction was quashed. Lord Justice Edmund Davies drew attention to the impact which . .
Cited – Regina v Pink CACD 1971
It is not an inevitable consequence of prosecuting counsel having improperly and inappropriately made a final speech in relation to an unrepresented defendant, that the conviction would be quashed: ‘In the view of this court, no reasonable jury, . .
Cited – Stovell, Regina v CACD 12-Jan-2006
The defendant appealed against his conviction. Before he gave evidence, his legal team withdrew for professional embarrassment. He now complained that notwithstanding that he was unrepresented, prosecuting counsel had been permitted to make a . .
Cited – Rabani, Regina v CACD 21-Aug-2008
The defendant appealed against his conviction. He had not been represented at trial, and several objections were taken to the conduct of the case, and in particular that prosecuting counsel had made a closing address, and that he had not been . .
Cited – Regina v Williams CACD 2011
The court went ahead on the basis it had been improper for prosecuting counsel to make a final speech where the defendant was not represented, and focussed solely on the question of safety of the conviction. . .
Cited – Regina v Paul CACD 2013
The defendant complained that even though no closing speech had been made on his behalf, the judge had allowed prosecuting counsel to make a closing speech.
Held: There is a convention that prosecuting counsel should not make a closing address . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 09 November 2021; Ref: scu.540491
