The defendant appealed his conviction. A witness statement had been read, but he had wanted to cross examine her. The court was satisfied that her refusal to give evidence in person was through fear.
Held: In making the decision, the judge had incorrectly said that her evidence was uncontested. The errors began with discussions in the judge’s chambers without a shorthand note taker. That practice was to be deprecated. The defendant had a right to be present during his whole trial. The judge had not followed the correct procedure, and the defendant had been unable to test the assertions made. ‘whenever dealing with witnesses who may genuinely be frightened the court must act with sensitivity and care whilst simultaneously ensuring that the defendant’s right to a fair trial is not eroded. When the relevant witness is called to give evidence of his fear, in our view the normal course of events will be for counsel on both sides to conduct the questioning in the usual way. ‘ In this case the defence had not had proper opportunity, and the appeal succeeded.
Citations:
[2004] EWCA Crim 1099, [2001] 1 Cr App R 16, [2001] Crim LR 225
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Smith CACD 1990
In the course of a trial, both counsel had seen the judge in chambers, as a result of which defence counsel told his client that the judge had indicated that a suspended sentence would be the outcome if there was a change of plea to guilty. The . .
Cited – Practice Direction (Criminal Proceedings: Consolidation) CACD 8-Jul-2002
. .
Cited – Regina v Harper-Taylor and Bakker CA 19-Feb-1988
There had been a prolonged discussion, ranging over a wide field in the judge’s room: ‘Since we regard the discussion in the judge’s room as the source of all the subsequent entanglements, some general observations on the practice of meeting the . .
Cited – Regina v Jones (Anthony William) HL 20-Feb-2002
The defendant absconded, and did not appear for his trial despite several listings. The trial proceeded in his absence entirely. After arrest, he appealed, saying that he had not had a fair trial.
Held: It was not suggested that he did not . .
Cited – Ekbatani v Sweden ECHR 26-May-1988
The defendant was convicted of threatening a civil servant. His appeal was dealt with without a hearing in the Court of Appeal. The Court confirmed the decision.
Held: Though the Court confirmed that if there had been a public hearing at first . .
Cited – Regina v Acton Justices ex parte McMullen and others CACD 1991
Evidence in support of an application for a witness’ statement which was to be read out, should be supported by oral evidence, though that may properly be given by a police officer. . .
Cited – Regina v Jennings and Miles CACD 1995
When an application is made to have evidence admitted under the 1988 Act, the evidence in support of that application must be given under oath. . .
Cited – Regina v Governor of Belmarsh Prison and Another Ex Parte Gilligan QBD 20-Jan-1998
A magistrate ordering the transfer of a prisoner to Ireland must be satisfied that a sufficiently serious offence was alleged, but strict evidence was not required. As to the 1988 Act, the evidence must at least be admissible. . .
Cited – Regina v Elliott; Regina v Pearce; Regina v McGee CACD 13-May-2003
In each case a witness had been unable to attend court being ill. The defendants claimed the right to cross examine the doctors as to the witness’ condition.
Held: The defendant should be allowed to challenge a certificate that a material . .
Cited – Regina v Wood, Fitzsimmons CACD 10-Oct-1997
If the defence could show a proper need to cross examine a witness giving evidence under the section as to a reason for a witness’ non-attendance, the defence should be given that opportunity. . .
Cited – Regina v Samuel and others CACD 1992
The defendants were accused of obtaining money by deception of an 80 year old lady. She was unable to give evidence on medical grounds.
Held: Though the judge had not referred to the 1988 Act, he had exercised his discretion properly. Asking . .
Cited – Regina v Samuel and others CACD 1992
The defendants were accused of obtaining money by deception of an 80 year old lady. She was unable to give evidence on medical grounds.
Held: Though the judge had not referred to the 1988 Act, he had exercised his discretion properly. Asking . .
Cited – Regina v Hardwick CACD 28-Feb-2001
The judge has a discretion as to the admission of the written statement made by a witness who had died before trial.
Held: The circumstances must vary, according not least to the nature of the issue on which the deceased’s evidence was . .
Cited – Regina v McCoy CACD 10-Dec-1999
The judge should direct the jury fully about the handicap which the inability to cross-examine the witness placed upon the defence, and possible lines of cross-examination which the appellants had lost: ‘If a statement of a critical witness is to be . .
Cited – Regina v Denton CACD 22-Nov-2000
In a trial for affray, two witnesses said they were reluctant to give evidence in person in fear for their own safety. Their evidence was admitted by the judge using his discretion under the Act for this purpose. He directed the jury as to the care . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 10 June 2022; Ref: scu.196777