| Source: | All England Reporter |
| Publisher Citation: | [2007] All ER (D) 70 (Oct) |
| Court: | Court of Appeal, Criminal Division |
| Judge: | Toulson LJ, Gibbs and Andrew Smith JJ |
| Representation | Andrew Baker (assigned by the Registrar of Criminal Appeals) for the defendant |
| Simon Phillips (instructed by the Crown Prosecution Service) for the Crown | |
| Judgment Dates: | 5 October 2007 |
Catchwords
Criminal law - Trial - Fitness to plead - Hearsay - Judge admitting hearsay evidence in proceedings to determine whether defendant who was unfit to stand trial had done act or made omission charged against him - Whether proceedings constituting criminal proceedings - Whether judge erring in admitting hearsay evidence - (Insanity) Act 1964, s 4A - , ss 116, .
The Case
Criminal law Trial. In the instant case the judge had the power to admit hearsay evidence, pursuant to s116 of the in proceedings, pursuant to s4A of the to determine whether the defendant, who was unfit to plead, had committed the act of the offence as charged.
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