The court set out warnings for the jury when considering evidence from a co-accused. The rule in Prater was not a rule of law but ultimately in the discretion of the judge: and that ‘the customary clear warning to examine the evidence of each co-defendant with care because each has or may have an interest of his own to serve’ would in most cases suffice to ensure that the jury regarded the evidence in question with proper and adequate caution.
Judges:
Watkins LJ
Citations:
(1983) 77 Cr App R 94
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Prater CCA 1960
Where one defendant gave evidence incriminating his co-defendant, just as in cases where an accomplice gave evidence for the prosecution, a full corroboration warning was desirable. . .
Cited by:
Approved – Regina v Cheema CACD 5-Sep-1993
There is no rule requiring full a corroboration direction to be given for a co-defendant’s evidence to be admitted. The Court of Appeal recommended a review of law on corroboration of a witness’s evidence. Lord Taylor CJ said: ‘The rule of practice . .
Cited – Regina v Jones; Regina v Jenkins CACD 5-Jun-2003
Where each of more than one defendants asserted that he was not responsible for the crime, the jury should be directed (in addition) that they should consider the case of each defendant separately, the case should be considered as a whole, including . .
Cited – Petkar and Farquar, Regina v CACD 16-Oct-2003
The defendants appealed their convictions and sentence for theft. Whilst employed by a bank thay had arranged for transfers to their own account. Each blamed the other. They appealed on the basis that the direction on their silence at interview was . .
Cited – Regina v Burley, Molnar, Stanton CACD 22-Mar-2001
The defendants appealed against their conviction for conspiracy to handle stolen goods. They denied knowledge that the goods (cars) were stolen.
Held: The judge had failed to direct the jury not to discuss the case outside court. He had failed . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 23 March 2022; Ref: scu.183674