B, R. v

B, R. v

The trial judge erred by excluding identification evidence solely due to breach of Code D11 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.

Parties
Prosecution: Regina; Defendant: B
Jurisdiction
England and Wales
Judgment Date
17 July 2008
Procedural Posture
Criminal Appeal / Appeal Against Terminating Ruling Excluding Evidence
Outcome
appeal allowed
Legal Topics
Exclusion of Evidence, Identification Procedures, Fair Trial, Breach of Code
Criminal Law Exclusion of Evidence Identification Procedures Fair Trial Breach of Code

Case Brief

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Parties

Regina

Prosecution

B

Defendant

Procedural Posture

Criminal Appeal / Appeal Against Terminating Ruling Excluding Evidence

Legal Issues

  1. 1 Whether breach of Code D11 in video identification procedure justified exclusion of evidence under section 78 of the Police and Criminal Evidence Act 1984
  2. 2 Whether the trial judge erred in excluding identification evidence without considering potential for cure within trial process

Ratio Decidendi

The trial judge erred by excluding identification evidence solely due to breach of Code D11 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 decision excluding identification evidence reversed
  • case returned to Isleworth Crown Court for trial to be resumed