The House was asked: ‘In a joint trial of two defendants A and B, is an out of court confession by A which exculpates B but which is ruled, or is conceded to be, inadmissible as evidence for the Crown nevertheless admissible at the instigation of B in support of B’s defence, or does such a confession in all circumstances offend the rule against hearsay?’
Held: A co-defendant may be cross examined by a defendant as to the content of his statements even though it was incriminating of that co-defendant and otherwise inadmissible.
Lord Mustill Lord Slynn of Hadley Lord Steyn,
Lord Hope of Craighead Lord Hutton
Times 31-Jul-1997, Gazette 17-Sep-1997, [1997] Crim LR 888, [1997] UKHL 36, [1998] AC 124, [1997] 4 All ER 314, [1997] 3 WLR 552, [1998] 1 Cr App Rep 153
Bailii
England and Wales
Criminal Evidence, Criminal Practice
Updated: 22 December 2021; Ref: scu.158910
