Source: All England Reporter
Publisher Citation: [2007] All ER (D) 374 (Nov)
Court: Court of Appeal, Criminal Division
Judge:

Hughes LJ, Wyn Williams J, Judge Richard Brown

Representation Jeremy Lynn (assigned by the Registrar of Criminal Appeals) for the defendant.
  Babatunde Alabi (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 23 November 2007

Catchwords

Criminal law - Trial - Witnesses - Possessing Class A drug with intent to supply - Possessing Class C drug with intent to supply - Hearsay - Witness failing to attend trial - Prosecution applying for statement of witness to be read - Judge concluding such steps as reasonably practicable taken and that in interests of justice to allow statement to be read - Whether statutory requirements for admissibility satisfied - Whether conviction unsafe - s 114(1)(d),s 116(2)(d).

The Case

Criminal lawTrial. The Court of Appeal gave guidance on the interpretation of the words 'such steps as reasonably practicable', and circumstances where a statement of a witness would be allowed to be read in his absence, pursuant to s116(2)(d) of the .

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