Source: All England Reporter
Publisher Citation: [2003] All ER (D) 103 (Nov)
Court: Court of Appeal, Criminal Division
Judge:

Waller LJ, Hughes J and Dame Heather Steel
Representation Henry Blaxland QC (assigned by the Registrar of Criminal Appeals) for the first defendant.
  Richard Pratt (assigned by the Registrar of Criminal Appeals) for the second defendant.
  Michael Selfe (assigned by the Registrar of Criminal Appeals) for the third defendant.
  Colin McCarraher (assigned by the Registrar of Criminal Appeals) for the fourth defendant.
  The fifth defendant appeared in person.
  Lloyd Morgan (assigned by the Registrar of Criminal Appeals) for the sixth defendant.
  Peter Towler (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 7 November 2003

Catchwords

Criminal evidence and procedure - Trial - Summing-up - Obligation to put defence case - Defendants neither giving evidence nor adducing evidence on their behalf - Obligation to refer to cross-examination of prosecution witnesses.

The Case

The procedure adopted on appeal where a point of public interest immunity arose was that the court would review the decisions of the trial judge by a consideration of the material with the assistance of prosecution counsel and in the absence of those representing the defence. Further, the putting forward of a defence in the summing up included an obligation on the judge to refer to points which had been made in cross-examination and which might be said to weaken the case against the defendant, and to summarise that evidence against the points which had been made.

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