The court considered a complaint as to the prosecution’s failure to preserve evidence: ‘We recognise that in cases where evidence has been tampered with, lost or destroyed it may well be that a defendant will be disadvantaged. It does not necessarily follow that in such a case the defendant cannot have a fair trial or that it would be unfair for him to be tried.’
Judges:
Mantell LJ
Citations:
[1999] EWCA Crim 839, [2000] Crim LR 415
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Winzar v Regina CACD 20-Dec-2002
The defendant appealed conviction for the murder of her husband. It was said she had injected him with a fatal dose of insulin. He was incapacitated but not diabetic.
Held: The deceased’s brain had been destroyed before any prosecution was . .
Cited – Ali, Altaf v Crown Prosecution Service, West Midlands CACD 22-Mar-2007
The defendant was first arrested in 1997, but only re-arrested in 2004. He complained that the delay affected his right to a fair trial within a proper time. The judge accepted this but the trial proceeded, the judge denying a claim of abuse of . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 14 September 2022; Ref: scu.157239