The defendant appealed against his conviction. Before he gave evidence, his legal team withdrew for professional embarrassment. He now complained that notwithstanding that he was unrepresented, prosecuting counsel had been permitted to make a closing address.
Held: The appeal failed. Rose LJ said: ‘So far as the prosecution’s second speech is concerned, in the light of the procedural and evidential changes which have taken place since the decision of this Court in Mondon, we are by no means satisfied that in all cases, particularly when a defendant has been represented substantially throughout the trial and there are issues arising during the defence upon which the jury would be assisted by comment from prosecuting counsel, it is necessarily inappropriate for prosecuting counsel to make a second speech. But it is unnecessary in the present case to reach a conclusion with regard to that matter, because, for the reasons which we have already given, even the old authorities would not, as it seems to us, lead to the quashing of this conviction.’
Rose VP CACD LJ, Raffery J, Sir Paul Kennedy
 EWCA Crim 27
Crime and Disorder Act 1998 31(1)(a), Criminal Justice Act 1988 131(1)
England and Wales
Cited – Regina v Mondon CACD 1968
The appellant had been unrepresented throughout her trial. She appealed, complaining that the prosecutor had been allowed to make a closing speech.
Held: The conviction was quashed. Lord Justice Edmund Davies drew attention to the impact which . .
Cited – Cojan, Regina v CACD 25-Nov-2014
The defendant appealed against his convictions for offences of rape and robbery. Towards the end of his trial, he had sacked his legal team, and had given no colsing address. He complained that the judge had even so allowed the prosecutor to ake an . .
Cited – Rabani, Regina v CACD 21-Aug-2008
The defendant appealed against his conviction. He had not been represented at trial, and several objections were taken to the conduct of the case, and in particular that prosecuting counsel had made a closing address, and that he had not been . .
Lists of cited by and citing cases may be incomplete.
Updated: 01 November 2021; Ref: scu.375563