Source: All England Reporter
Publisher Citation: [2001] All ER (D) 462 (Nov)
Neutral Citation: [2001] EWCA Crim 2528
Court: Court of Appeal, Criminal Division
Judge:

Kennedy LJ, Poole and David Steel JJ
Representation Kenneth Hind (assigned by the Registrar of Criminal Appeals) for the defendant.
  Andrew O'Byrne (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 6 November 2001

Catchwords

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.

The Case

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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