Source: All England Reporter
Publisher Citation: [2008] All ER (D) 36 (Dec)
Court: Court of Appeal, Criminal Division
Judge:

Hughes LJ, Treacy J and Sir Peter Cresswell

Representation Andrew Mitchell QC (instructed by Speechley Bircham LLP) for I.
  Roy Amlot QC (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 3 December 2008

Catchwords

Criminal law - Trial - Preparatory hearing - Money laundering - Admissibility of evidence - Defendant's husband being former Nigerian official accused of corruption - Defendant being tried with others in United Kingdom for money laundering - Bilateral treaty between UK and Nigeria requiring identification of accused persons - Crown Prosecution Service sending letters to Nigerian authorities requesting information - Letters failing to state purpose as being for intended prosecution of defendant - Judge ruling evidence inadmissible at trial of defendant in UK - Whether judge erring - ss 35, 36 - .

The Case

Criminal law Trial. Court of Appeal, Criminal Division: An interlocutory application by the prosecution for leave to appeal against a judge's ruling that evidence obtained from Nigeria was inadmissible in criminal proceedings against a defendant in the UK, would be refused.

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