Source: All England Reporter
Publisher Citation: [2002] All ER (D) 225 (Jan)
Neutral Citation: [2002] EWCA Crim 18
Court: Court of Appeal, Criminal Division

Kay LJ, Mackay J and The Recorder of Chester

Representation Richard Anelay QC and Neil Mercer (instructed by the Registrar of Criminal Appeals) for the defendant.
  Richard Camden Pratt QC and Gavin Argent (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 25 January 2002


Criminal law - Appeal - Fresh evidence - Admission - Whether necessary or expedient in the interests of justice to admit evidence not adduced at trial - s 23.

The Case

The court declined to admit fresh evidence on an appeal because the evidence in question had been available to the defence at the time of the trial and it had not been called for tactical reasons. It was therefore neither necessary nor expedient in the interests of justice to admit the evidence

Practice Areas

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