Challenge to conviction based upon evidence as to contents of evidence bags where there was a discontinuity in its custody. Counsel complained that he had been badgered by the stipendiary magistrate into revealing his defence in advance.
Held: Though the evidence was conflicting, the court had to proceed on the assumed basis of counsel’s assertions. However ‘before this court would grant any remedy it would have to be persuaded that the unfairness led to some prejudice to the defendant.’ In this case the prosecution would have been alerted to look for the possible defence, and obtained an adjournment, and therefore the defendant suffered no prejudice, and the appeal failed.
Citations:
[1998] EWHC Admin 939
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Leicester City Justices, ex parte Barrow CA 1-Aug-1991
The appellant challenged a community charge liability order in which justices had refused an application made on his behalf for a friend to be allowed to sit with him to give advice and assistance. He sought judicial review. The Divisional Court had . .
Cited – Regina v Francis CACD 1990
The prosecution had omitted to bring evidence that the person standing at No.20 on an identification parade was the appellant. The defence complained that the prosecutor had been allowed to re-open his case.
Held: ‘The discretion of the judge . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 01 December 2022; Ref: scu.139060