Source: All England Reporter
Publisher Citation: [2002] 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.

The Case

The defendant's conviction for unlawful wounding was safe because the judge had not erred in allowing identification evidence to be adduced having found that breaches of Code D of the Code of Practice pursuant to s78 of the were not significant in the circumstances.

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