The defendant had learning difficulties, and sought permission from the court to have a support worker. He appealed an order made by the judge as to the steps to be taken.
Held: The courts should be flexible and ready to assist where necessary to achieve fairness. Here, however the appeal court had no jurisdiction because no valid preparatory hearing had taken place under the section. However the court did take the opportunity to suggest ways in which the defendant might be assisted. The court might offer an interpreter given his language difficulties, and a detailed defence statement might be read to the jury. However the court emphasised that these matters remained for the discretion of the court of trial.
Judges:
Kay LJ, Elias Norman Jones JJ
Citations:
Times 15-Apr-2003
Statutes:
Criminal Proceedings and Investigations Act 1996 29
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v Drew HL 8-May-2003
The defendant was mentally ill. He had been convicted of a second serious offence, and now appealed the life sentence imposed. Psychiatrists had recommended a hospital order, but such an order could not now be made by virtue of the 2000 Act save in . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 28 April 2022; Ref: scu.180991