Giscombe, R. v [2026] EWCA Crim 82 (23 January 2026)

Giscombe, R. v [2026] EWCA Crim 82 (23 January 2026)

Section 56(5) of the Youth Justice and Criminal Evidence Act 1999 applies even where the court did not make a direction under section 55(2), and an appeal cannot succeed solely on the ground that a witness gave unsworn evidence when it should have been sworn. The conviction is safe when considered in the round, given the corroborative evidence and the opportunity for the defence to cross-examine the witness after she was sworn.

Citation
[2026] EWCA Crim 82
Parties
Respondent: Rex; Applicant: Frazer Giscombe
Jurisdiction
England and Wales
Judgment Date
23 January 2026
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Conviction, Heard by Full Court
Outcome
Appeal dismissed; conviction upheld
Legal Topics
Rape, Sworn and Unsworn Evidence, Youth Justice and Criminal Evidence Act 1999, Appeals Against Conviction, Admissibility of Evidence
Criminal Law Rape Sworn and Unsworn Evidence Youth Justice and Criminal Evidence Act 1999 Appeals Against Conviction Admissibility of Evidence

Case Brief

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Parties

Rex

Respondent

Frazer Giscombe

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Conviction, Heard by Full Court

Legal Issues

  1. 1 Whether a conviction is unsafe where a key prosecution witness gave unsworn evidence due to an oversight and was later sworn and confirmed her evidence
  2. 2 Whether section 56(5) of the Youth Justice and Criminal Evidence Act 1999 precludes an appeal based solely on the fact that evidence was given unsworn when it should have been sworn

Ratio Decidendi

Section 56(5) of the Youth Justice and Criminal Evidence Act 1999 applies even where the court did not make a direction under section 55(2), and an appeal cannot succeed solely on the ground that a witness gave unsworn evidence when it should have been sworn. The conviction is safe when considered in the round, given the corroborative evidence and the opportunity for the defence to cross-examine the witness after she was sworn.

Court Disposition

Appeal dismissed; conviction upheld