Source: All England Reporter
Publisher Citation: [2002] All ER (D) 363 (Jul)
Court: Divisional Court

Brooke LJ and Bell J

Representation 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.
Judgment Dates: 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.

The Case

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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