Robinson v Crown Prosecution Service [2011] EWHC 3654 (Admin) (30 November 2011)

Robinson v Crown Prosecution Service [2011] EWHC 3654 (Admin) (30 November 2011)

The absence of a formal warning about inferences from silence did not render the trial unfair or abusive because the appellant had already decided to give evidence, the judge ensured fairness, and the substance of fairness was maintained despite the lack of formalism.

Citation
[2011] EWHC 3654 (Admin)
Parties
Appellant: Luke Robinson; Respondent: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
30 November 2011
Procedural Posture
Criminal Appeal / Divisional Court Review of Crown Court Decision
Outcome
Appeal dismissed
Legal Topics
Abuse of Process, Fair Trial, Self Incrimination, Amendment of Charge, Inference From Silence
Criminal Law Abuse of Process Fair Trial Self Incrimination Amendment of Charge Inference From Silence

Case Brief

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Parties

Luke Robinson

Appellant

Crown Prosecution Service

Respondent

Procedural Posture

Criminal Appeal / Divisional Court Review of Crown Court Decision

Legal Issues

  1. 1 Whether the trial on the amended information was unfair and/or an abuse of process or of the appellant's human rights
  2. 2 Whether the Crown Court should have warned or advised the appellant about his privilege against self-incrimination

Ratio Decidendi

The absence of a formal warning about inferences from silence did not render the trial unfair or abusive because the appellant had already decided to give evidence, the judge ensured fairness, and the substance of fairness was maintained despite the lack of formalism.

Court Disposition

Appeal dismissed