The defendant appealed a conviction for causing criminal damage by fire with risk to life. The evidence was that no explanation existed other than that the fire had been started deliberately. She said she had been trying to light a cigarette in bed. The fire officer suggested that the fire could not have been started without a continuous direct application of a flame for five seconds or more. She now complained that the prosecution in failing to preserve the evidence, had destroyed any opportunity for her to have the bedding investigated herself, and that the prosecution was an abuse.
Held: The Code of Practice required evidence to be preserved, but in this case there was no assertion that accelerants had been used, and nor had the defendant been substantially prejudiced. Appeal dismissed.
Judges:
Lord Justice Potter, His Honour Judge Mellor, The Honourable Mr Justice Mackay
Citations:
[2002] EWCA Crim 90
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Feltham Magistrate’s Court, ex Parte Ebrahim, Director of Public Prosecutions Admn 21-Feb-2001
The court considered how cases should be handled where video evidence of relevance to a defendant’s case had been destroyed, and the defendant asserted abuse of process.
Held: The discretion to stay proceedings should be employed only in . .
Cited – Attorney General’s Reference (No 1 of 1990) CACD 1990
A police officer attended an incident where two people were arrested. Complaints about his conduct were made of which he was given notice. A formal investigation was instituted and adjourned pending the outcome of criminal proceedings against those . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 23 July 2022; Ref: scu.178788