The Board looked at the duty if any on a prosecutor to call witnesses: ‘Their Lordships do not desire to lay down any rules to fetter discretion on a matter such as this which is so dependent on the particular circumstances of each case. Still less do they desire to discourage the utmost candour and fairness on the part of those conducting prosecutions; but at the same time they cannot, speaking generally, approve of an idea that a prosecution must call witnesses irrespective of consideration of number and of reliability, or that a prosecution ought to discharge the functions both of prosecution and defence.’
Judges:
Lord Roche
Citations:
[1936] 3 All ER 36
Cited by:
Cited – Regina v Oliva CCA 18-May-1965
The defendant appealed his conviction for wounding one Brian Rutledge with intent to do him grievous bodily harm. Both the victim, Mr Rutledge, and also a man named Hampden gave evidence at the committal proceedings and their names appeared on the . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 01 May 2022; Ref: scu.242113
