Regina v Francom; Regina v Latif (Clare); Regina v Latif (Melna); Regina v Bevis; Regina v Harker: CACD 24 Oct 2000

The judge failed to give a direction in accordance with recommendations from the Judicial Studies Board and counsel in the case as to the need for the jury not to draw inferences from the defendants’ failure to mention certain facts on interview. The concepts of fairness and safety were accepted to be different, but the issue of fairness was to be decided in the context of all the circumstances of the case. In this case, the entire case had been presented on the basis that no inference was to be drawn, and the jury could not be expected to have drawn any such inference. The trial was fair and the verdict safe.


Times 24-Oct-2000, [2000] Crim LR 1018, [2001] 1 Cr App Rep 17


European Convention on Human Rights Art 6.1

Cited by:

CitedRegina v Mohammed Ali Jamil CACD 17-Jul-2001
The appeal was made by the widow of the appellant, on the basis that his conviction had been obtained on the basis of non-disclosure of relevant evidence by the police. The test was ‘would the only reasonable and proper verdict been one of guilty’ . .
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 Togher, Regina v Doran, Regina v Parsons CACD 9-Nov-2000
In the light of the Human Rights Act, it would now be almost inevitable that a finding that the defendant had not had a fair trial, would lead to a finding that his conviction could not be regarded as safe. Where a defendant had pleaded guilty, but . .
CitedBrown, Regina v CACD 29-Jul-2015
The claimant, a patient hld at Rampton Hospital faced charges of attempted murder of two nurses. His lwayers had asked for the right to see their client in private, but eth Hospital objected, insisting on the presence of two nurses at all times. . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Human Rights

Updated: 28 April 2022; Ref: scu.85262