When a court of Appeal now assesses the fairness of a trial conducted under earlier and different standards, it must apply the current standards for the purposes of the appeal. That need imply no criticism of a court which was acting accordance with then good or standard practice. There is a risk of a substantial number of appeals for old and very old cases, if this approach is followed, but no evidence as it stands that the risk is proving real.
Citations:
Times 21-Nov-2000
Jurisdiction:
England and Wales
Criminal Practice
Updated: 21 July 2022; Ref: scu.88516
