The case concerned the production for the benefit of the defence, of the prison records of a prosecution witness who was putting forward an account of a cell confession. The Appeal Court is not concerned with the guilt or innocence of the appellant, but only with the safety of the conviction: ‘This may, at first sight, appear an unsatisfactory state of affairs, until it is remembered that the integrity of the criminal process is the most important consideration for courts which have to hear appeals against conviction. If the trial process is not fair, if it is distorted by deceit or by material breaches of the rules of evidence or procedure, then the liberties of all are threatened.’
Judges:
Roch LJ, Hidden, Mitchell JJ
Citations:
[1997] EWCA Crim 2028
Jurisdiction:
England and Wales
Cited by:
Dsitinguished – Regina v Hayter CACD 16-Apr-2003
The defendant appealed against his conviction for murder, on the basis that the jury had used a conclusion about the guilt of a jointly accused to support his own conviction.
Held: Section 74 had altered the law, and earlier cases were no . .
Cited – Regina v McCartney, Hamlett, Beddow and Hulme CACD 16-May-2003
The defendants appealed convictions and sentences for a long series of armed robberies. The evidence centred on the admissions of a participant, whose statement, the defendants alleged was self serving and unreliable, and in one case served a . .
Cited – Regina v Hayter CACD 16-Apr-2003
The defendant appealed against his conviction for murder, on the basis that the jury had used a conclusion about the guilt of a jointly accused to support his own conviction.
Held: Section 74 had altered the law, and earlier cases were no . .
Cited – Regina v Hayter HL 3-Feb-2005
The House considered the principle that the confession of a defendant is inadmissible in a joint criminal case against a co-defendant. In a trial for murder, one party was accused of requesting a middleman to arrange for the murder by a third party. . .
Cited – Kelleher, Regina v CACD 20-Nov-2003
The defendant, out of strong conviction, entered an art gallery and knocked the head from a statue of Margaret Thatcher.
Held: The court examined the breadth of the defence of ‘lawful excuse’ to a charge of criminal damage, and whether a court . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 11 October 2022; Ref: scu.151483
