Source: All England Reporter
Publisher Citation: [2001] All ER (D) 83 (Feb)
Court: Divisional Court

Brooke LJ and Potts J

Representation Mark Harris (instructed by Johnson Partnership, Nottingham) for W.
  Julie Warburton (instructed by Crown Prosecution Service, Nottingham) for the prosecution.
Judgment Dates: 7 February 2001


Criminal Evidence - Written statement - Admission - Statement of witness in fear - Justices admitting witness statement - Defendant submitting justices failing to give proper consideration to consequences of admitting evidence - Whether justices erring in admitting evidence

The Case

Justices had been entitled to conclude that a witnesses' statement should have been adduced in evidence pursuant to s23 of the in circumstances where they had fully considered the consequences of admitting that statement.

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