||All England Reporter
|| All ER (D) 363 (Jul)
Brooke LJ and Bell J
||James Lewis QC and Saba Naqshbandi (instructed by Tarlo Lyons) for the defendant.
||Richard Sutton QC and Vivian Walters (instructed by the Solicitor for Customs and Excise) for the prosecution.
||25 July 2002
Criminal law - Committal - Preliminary hearing before justices - Evidence before district judge to be given in presence of accused - Committal of co-defendants - Prosecution evidence relating to all co-defendants sent to district judge for perusal before hearing - District judge reading much of evidence - Only one defendant contesting committal - Whether committal procedure defective - ss 4(3), 102.
Since the district judge hearing an old-style committal for trial of several co-defendants had read much of the evidence adduced by the prosecution relating to all of the defendants and it was not clear that he had focused only on the evidence that was relevant to the committal of the one defendant that contested his committal, the committal of that defendant was procedurally defective.
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