|
|
CRIMINAL LAW & PRACTICE
THE PEARL WILLIS LAW SITE
Criminal Justice and Court Services Act 2000
Sexual Offences (Amendment) Act 2000
Criminal Justice and Police Act 2001
Similar Fact Evidence
TM PM PAM MB [2000] 2 Cr.App.R. 266
Similar fact evidence admissible against one defendant but inadmissible against co-defendants. Whether separate trials should be ordered.
R. v Z (Prior Acquittal) R. v X (Prior Acquittal) HL 22/6/00 Evidence of prior acquittals is admissible. Evidence relevant as showing, by similar facts, the defendant's guilt of the offence with which he was charged was not inadmissible merely because it showed or tended to show his guilt of offences in respect of which he had previously been acquitted.
Adverse inferences R v Milford
Identification evidence
R v Forbes HL 14/12/00 Where an eyewitness identified or might be able to identify a person arrested on suspicion of involvement in an offence, Code D:2.3 of the Police and Criminal Evidence Act 1984 (s 66) Codes of Practice imposed a mandatory duty on police officers that, except in the limited circumstances specified in that paragraph, an identification parade was to be held whenever the suspect disputed the identification and consented to the parade.
Prior identification by the relevant witness which was considered unequivocal or actual and complete did not displace that obligation.
Submission no case to answer R v Davina Brown
Cross examination complainant rape case see R v A
R v Lambert HL reverse burden of proof in drug cases
SPECIMEN DIRECTIONS Judicial Studies Board
Reporting Restrictions in the Crown Court
No Case to answer
R. v (Davina) Brown Times, May 1, 2001
B appealed against her conviction for assault occasioning actual bodily harm, contending that the case should have been withdrawn from the jury.
Held, allowing the appeal and quashing the conviction, that a judge had a responsibility to direct an acquittal where he was satisfied that no safe conviction could be returned on the basis of the available evidence. The use of such a power should be kept under review at all times and should be exercised sparingly.