Whether the judge had been right to admit evidence given by telephone only from a witness in Belgium.
Held: The appeal succeeded. Parliament authorised in sections 30 and 31 that witnesses who are present in the United Kingdom could be heard in other countries by telephone and television links, but in contradistinction the hearing of witnesses who were abroad for trials that were to take place in the United Kingdom could only be made through television links. There is no section authorising the hearing of witnesses abroad for trials in the United Kingdom by telephone. The evidence improperly given was the sole evidence directly as to lies by the defendant.
Judges:
Thomas LJ
Citations:
[2009] EWCA Crim 1494, [2010] 2 Cr App Rep 1
Links:
Statutes:
Crime (International Co-operation) Act 2003
Jurisdiction:
England and Wales
Citing:
Cited – R, Regina v CACD 4-Apr-2008
The defendant appealed his conviction for rape, saying that the complainant’s evidence had wrongfully been allowed to be given over a remote video link. Provisions to allow such means of giving evidence had been intended to be phased in only as . .
Cited – Ukpabio, Regina v CACD 30-Jul-2007
The court did not have power to admit video evidence other than in accordance with the statutory provisions. . .
Cited – D (A Minor), Regina (on the Application of) v Camberwell Green Youth Court HL 27-Jan-2005
The defendant challenged the obligatory requirement that evidence given by a person under 17 in sex or violent offence cases must normally be given by video link.
Held: The purpose of the section was to improve the quality of the evidence . .
Cited – Regina on the Application of S v Waltham Forest Youth Court, The Crown Prosecution Service, The Secretary of State for the Home Department Admn 31-Mar-2004
There was no inherent power to allow a defendant to give evidence by live link, on the ground that Parliament had sought since 1988 to provide exclusively for the circumstances in which live link might be used in a criminal trial. . .
Lists of cited by and citing cases may be incomplete.
Criminal Evidence
Updated: 27 March 2022; Ref: scu.430803