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 required. Simple rules could not always apply, but sufficient and proper warning should be given to the jury about the dangers of relying upon untested evidence. In this case no issue arose as to alibi or identification or intimidation.
Citations:
Times 28-Feb-2001, [2001] EWCA Crim 369, [2001] 3 Archbold News 2
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Lobban, Regina v CACD 7-May-2004
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 . .
Lists of cited by and citing cases may be incomplete.
Criminal Evidence
Updated: 21 July 2022; Ref: scu.88492