|Source:||All England Reporter|
|Publisher Citation:|| All ER (D) 114 (Jul)|
|Court:||Court of Appeal, Criminal Division|
Kay LJ, Grigson and Ouseley JJ
|Representation||Wilbert Harris (assigned by the Registrar of Criminal Appeals) for the defendant.|
|Bernard Linnemann (instructed by the Crown Prosecution Service) for the Crown.|
|Judgment Dates:||5 July 2002|
Criminal evidence - Prosecution evidence - Issue as to admissibility - Police failing to record witness' initial description - Witness identification - Witness returning to scene of crime and identifying defendant - Whether defendant a suspect - Whether identification evidence obtained in breach of police code of practice - Whether judge rightly exercising discretion to allow prosecution to adduce evidence - Code of Practice for the Identification of Persons by Police Officers, paras 2.0, 2.1 and 2.17 - s 78.