Warren & Ors v R.

Warren & Ors v R.

Destruction of original handwritten witness statements deprived appellants of the opportunity to challenge witness credibility and reliability, violating contemporary standards of fairness and rendering the convictions unsafe. The broadcast of 'Red under the Bed' did not render the verdicts unsafe as there was no...

Source-derived case information.

Parties
Appellant: Dennis Michael Warren; Appellant: John Malcolm Clee; Appellant: William Michael Pierce; Appellant: Terence Renshaw; Appellant: Patrick Kevin Butcher; Appellant: Bernard Williams; Appellant: John McKinsie Jones; Appellant: Kenneth Desmond Francis O’Shea; Appellant: Alfred James; Appellant: Samuel Roy Warburton; Appellant: Graham Roberts; Appellant: John Kenneth Seaburg; Appellant: Eric Tomlinson; Appellant: George Arthur Murray; Respondent: Regina; Referrer: Criminal Cases Review Commission
Jurisdiction
England and Wales
Judgment Date
23 March 2021
Procedural Posture
Criminal Appeal / Final Judgment
Outcome
appeals allowed; convictions quashed
Legal Topics
Disclosure of Evidence, Fair Trial, Appeal, Public Order Offences, Trade Union Law
Criminal Law Procedural Law Disclosure of Evidence Fair Trial Appeal Public Order Offences Trade Union Law

Source-derived case record

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 4 Authorities cited 8 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Dennis Michael Warren

Appellant

John Malcolm Clee

Appellant

William Michael Pierce

Appellant

Terence Renshaw

Appellant

Patrick Kevin Butcher

Appellant

Bernard Williams

Appellant

John McKinsie Jones

Appellant

Kenneth Desmond Francis O’Shea

Appellant

Alfred James

Appellant

Samuel Roy Warburton

Appellant

Graham Roberts

Appellant

John Kenneth Seaburg

Appellant

Eric Tomlinson

Appellant

George Arthur Murray

Appellant

Regina

Respondent

Criminal Cases Review Commission

Referrer

Procedural Posture

Criminal Appeal / Final Judgment

Legal Issues

  1. 1 Whether destruction of original witness statements rendered convictions unsafe
  2. 2 Whether prejudicial media coverage ('Red under the Bed') undermined fairness of trial

Ratio Decidendi

Destruction of original handwritten witness statements deprived appellants of the opportunity to challenge witness credibility and reliability, violating contemporary standards of fairness and rendering the convictions unsafe. The broadcast of 'Red under the Bed' did not render the verdicts unsafe as there was no evidence of actual prejudice affecting the jury.

Court Disposition

appeals allowed; convictions quashed

Orders

  • All verdicts in relation to appellants in Trials 1, 2 and 3 are quashed.
  • No retrial ordered due to lapse of time and public interest.