Craig & Anor, R v [2003] NICC 19 (18 December 2003)

Craig & Anor, R v [2003] NICC 19 (18 December 2003)

The court held that it is not appropriate to exclude the identification evidence at this stage. The alleged breaches of Code D were not flagrant or deliberate, and the fairness of proceedings is not so adversely affected as to require exclusion now. The proper time to assess admissibility and weight is at the direction stage after all evidence is heard.

Citation
[2003] NICC 19
Parties
Prosecution: The Queen; Defendant: Craig; Defendant: Speers
Jurisdiction
Northern Ireland
Judgment Date
18 December 2003
Procedural Posture
Criminal / Interlocutory Ruling During Trial
Outcome
application to exclude identification evidence at this stage refused
Legal Topics
Identification Evidence, Admissibility of Evidence, Breach of Codes of Practice, Voir Dire, Diplock Trial Procedure
Criminal Law Evidence Identification Evidence Admissibility of Evidence Breach of Codes of Practice Voir Dire Diplock Trial Procedure

Case Brief

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Parties

The Queen

Prosecution

Craig

Defendant

Speers

Defendant

Procedural Posture

Criminal / Interlocutory Ruling During Trial

Legal Issues

  1. 1 Whether identification evidence should be excluded due to alleged breaches of Code D and fairness concerns under Article 76 of PACE (NI) Order 1989
  2. 2 Whether it is appropriate to rule on admissibility at this stage in a Diplock trial

Ratio Decidendi

The court held that it is not appropriate to exclude the identification evidence at this stage. The alleged breaches of Code D were not flagrant or deliberate, and the fairness of proceedings is not so adversely affected as to require exclusion now. The proper time to assess admissibility and weight is at the direction stage after all evidence is heard.

Court Disposition

application to exclude identification evidence at this stage refused

Orders

  • Identification evidence not excluded at this stage; admissibility and weight to be determined at the direction stage after all evidence is heard.