I, R & T, R. v [2012] EWCA Crim 1288 (21 June 2012)

Once the judge accepted that the CIE test is a well-recognised and reliable test for establishing the presence of animal protein in blood, its results were admissible as expert evidence. Doubts about reliability in a novel context go to weight, not admissibility.

Citation: [2012] EWCA Crim 1288
Parties: Prosecution: The Queen; Defendant Respondents: I, R & T
Jurisdiction: England and Wales
Judgment Date: 21 June 2012
Procedural Posture: Criminal Appeal / Prosecution Appeal Against Evidentiary Ruling Under Section 58 Criminal Justice Act 2003
Outcome: Appeal allowed
Legal Topics: Admissibility of Expert Evidence, Scientific Evidence, Animal by Products Regulation, Counter Immuno Electrophoresis (cie) Test

Criminal Law Evidence Admissibility of Expert Evidence Scientific Evidence Animal by Products Regulation Counter Immuno Electrophoresis (cie) Test

Case Brief

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Parties

The Queen

Prosecution

I, R & T

Defendant Respondents

Procedural Posture

Criminal Appeal / Prosecution Appeal Against Evidentiary Ruling Under Section 58 Criminal Justice Act 2003

Legal Issues

1 Whether the CIE test results were admissible as expert evidence in a criminal trial
2 Whether doubts about the reliability of the CIE test in a novel context affect admissibility or weight

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Proceedings for the offences on the indictment to be resumed in the Crown Court
Trial judge to rule on any further applications regarding admissibility based on evidence then before the court