The court has a discretion to refuse to accept written evidence from a witness abroad who had refused to come here for fear of reprisals, and particularly so where the prosecution had failed to take advantage of procedures which would have allowed the defence to cross examine the witness.
Citations:
Times 07-Oct-1998
Statutes:
European Convention on Human Rights Art 6(3)(d); Criminal Justice Act 1988 26
Jurisdiction:
England and Wales
Criminal Evidence, Human Rights
Updated: 11 May 2022; Ref: scu.87587