PF, R v

PF, R v

Section 7 of the 1968 Act does not prohibit joinder of additional counts at retrial if there is no manipulation or abuse of process and the application is proper; the judge's decision to allow amendment and refuse school records was within discretion and cannot be faulted.

Parties
Applicant: PF; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
15 March 2012
Procedural Posture
Criminal / Application for Leave to Appeal Against Conviction
Outcome
application for leave to appeal refused
Legal Topics
Powers of Crown Court on Retrial, Joinder of Indictments, Admissibility of Evidence, Unsafe Conviction
Criminal Law Criminal Procedure Powers of Crown Court on Retrial Joinder of Indictments Admissibility of Evidence Unsafe Conviction

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Parties

PF

Applicant

Regina

Respondent

Procedural Posture

Criminal / Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether the judge erred in allowing joinder of a fresh indictment to the retrial indictment
  2. 2 Whether the judge erred in refusing to allow cross-examination of the complainant about school records
  3. 3 Whether the convictions are unsafe

Ratio Decidendi

Section 7 of the 1968 Act does not prohibit joinder of additional counts at retrial if there is no manipulation or abuse of process and the application is proper; the judge's decision to allow amendment and refuse school records was within discretion and cannot be faulted.

Court Disposition

application for leave to appeal refused

Orders

  • judgment may be cited in future cases