B, R. v [2008] EWCA Crim 1524 (17 July 2008)

B, R. v [2008] EWCA Crim 1524 (17 July 2008)

The trial judge erred by excluding the identification evidence solely due to a breach of Code D without considering whether the trial process could cure or alleviate any unfairness; the breach was not significant or substantial enough to justify exclusion under section 78.

Citation
[2008] EWCA Crim 1524
Parties
Prosecution: Regina; Defendant: B
Jurisdiction
England and Wales
Judgment Date
17 July 2008
Procedural Posture
Criminal Appeal / Appeal Against Terminating Ruling Excluding Identification Evidence
Outcome
appeal allowed
Legal Topics
Exclusion of Evidence, Identification Procedures, Fairness of Proceedings
Criminal Law Evidence Exclusion of Evidence Identification Procedures Fairness of Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Regina

Prosecution

B

Defendant

Procedural Posture

Criminal Appeal / Appeal Against Terminating Ruling Excluding Identification Evidence

Legal Issues

  1. 1 Whether breach of Code D in video identification procedure justified exclusion of evidence under section 78 of the Police and Criminal Evidence Act 1984
  2. 2 Whether trial judge erred in excluding identification evidence without considering potential for cure within trial process

Ratio Decidendi

The trial judge erred by excluding the identification evidence solely due to a breach of Code D without considering whether the trial process could cure or alleviate any unfairness; the breach was not significant or substantial enough to justify exclusion under section 78.

Court Disposition

appeal allowed

Orders

  • trial judge's exclusion of identification evidence reversed
  • case returned to Isleworth Crown Court for trial to be resumed