Newell, Regina v: CACD 30 Mar 2012

The appellant challenged the introduction in evidence of a previous inconsistent statement lodged on his behalf by counsel on a Plea and Case Management Form at a directions hearing.
Held: The appeal was allowed. An advocate plainly has implied actual authority to do what is normally incidental, in the ordinary course of his profession, to the execution of the advocate’s express authority. However, the position should be, provided the case is conducted in accordance with the letter and spirit of the Criminal Procedure Rules, that information or a statement written on a PCMH Form should in the exercise of the court’s discretion under section 78 not be admitted in evidence as a statement that can be used against the defendant. The information is provided to assist the court. Experience has shown that, unless the position is clear, the proper administration of justice is hampered. There may of course be cases where it would be right not to exercise the discretion but to admit such statements. Those circumstances are fact-specific, but an example is a case where there was no defence statement, despite the judge asking for one to be provided, and an ambush attempted inconsistent with what was stated on the PCMH Form.

Rose LJ, Dobbs, Underhill JJ
[2012] EWCA Crim 650
Criminal Justice Act 2003 118(2), Police and Criminal Evidence Act 1984 78
England and Wales
CitedRegina v Turner (Bryan) CACD 1975
The court was asked whether what a defendant’s counsel had said in a plea in mitigation in one case could be proved and admitted as evidence in another trial. The objection was made that the evidence could not go before the jury until the . .
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 . .
CitedRegina v Hayes CACD 2004
The court was asked to consider whether a letter written by the appellant’s solicitor admitting the appellant had inflicted injury could be admitted as a previous inconsistent statement at the trial when he denied causing the injury.
Held: It . .
CitedWaugh v H B Clifford and Sons CA 1982
The plaintiffs initially sued Clifford, a building company, in contract and tort, seeking damages arising from defective building work in the erection of semi-detached dwelling houses on land they had acquired from Clifford. Both parties retained . .
CitedPenner, Regina v CACD 5-May-2010
The combination of the 1996 Act and the Criminal Procedure Rules had or at least were designed to abolish what was known as trial by ambush. . .
CitedDirector of Public Prosecutions, Regina (on the Application of) v Chorley Justices and Forrest Admn 8-Jun-2006
The prosecutor applied for an order to require the magistrates to state a case. He faced a charge of driving with excess alcohol. He pleaded not guilty. There were several adjournments, and a considerable delay. At the trial, and with no . .

Lists of cited by and citing cases may be incomplete.

Criminal Evidence, Legal Professions

Updated: 01 November 2021; Ref: scu.452375