||All England Reporter
|| All ER (D) 462 (Nov)
|| EWCA Crim 2528
||Court of Appeal, Criminal Division
Kennedy LJ, Poole and David Steel JJ
||Kenneth Hind (assigned by the Registrar of Criminal Appeals) for the defendant.
||Andrew O'Byrne (instructed by the Crown Prosecution Service) for the Crown.
||6 November 2001
Criminal law - Trial - Stay of proceedings - Application by accused for stay of proceedings because conduct of defence would lead to introduction of potentially prejudicial evidence - Judge refusing to grant stay - Judge directing jury to disregard potentially prejudicial effects of evidence - Whether judge should have granted stay.
In the instant case, the judge had been correct not to allow a grant of stay due to potentially prejudicial evidence having to be led by the defence since a proper direction by the judge would instruct the jury not to draw adverse inferences from that evidence.
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