||All England Reporter
|| All ER (D) 356 (Jul)
||Hugh Southey (instructed by Bindmans & Partners) for the defendant.
||Mark Bryant-Heron (instructed by the Crown Prosecution Service) for the prosecution.
||24 July 2002
Criminal law - Trial - Commencement of trial - Juvenile defendant - Trial judge exercising discretion to hear prosecution evidence in absence of defendant - Defendant convicted - Whether defendant having fair trial - Whether conviction safe - European Convention on Human Rights, art 6.
In cases where a defendant had plainly not voluntarily absented himself from his trial, but, on the contrary, fully expected to be present at his trial with representation, the threshold of prejudice and fairness that the defendant was required to demonstrate for the purposes of establishing that a guilty verdict might be unsafe was a comparatively low one, particularly where the defendant was a youth and where it was demonstrated that there was material about which counsel for the defendant would have wished to have taken instructions. Accordingly, the conviction of a juvenile who, having been arrested by the police in relation to an unrelated offence, was absent from his trial whilst the prosecution evidence was called, could not stand.
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
- Cases related to this particular case that are related to, or discuss this caseView related cases
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary