Source: All England Reporter
Publisher Citation: [2002] All ER (D) 344 (Nov)
Court: Court of Appeal, Criminal Division

Keene LJ, Forbes J and Judge Rant QC

Representation Sarah Elliott (assigned by the Registrar of Criminal Appeals) for AC.
  Malcolm Sinclair (assigned by the Registrar of Criminal Appeals) for Z.
  Richard Sutton QC (assigned by the Registrar of Criminal Appeals) for QC.
  Nigel Pascoe (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 22 November 2002


Criminal evidence and procedure - Trial - Judge's ruling - Appeal against ruling - Refusal to disclose defence statement of co-defendant - Defence statement containing information reasonably expected to assist defendant's defence - ss 5(5), 7.

The Case

In cases in which there were a number of co-defendants, the prosecution was not automatically required to disclose to any defendant the defence statement of another. However, if the prosecution, having received the defence statements of the co-defendants, formed the view that the statement of one might reasonably be expected to assist the defence of another, that statement should be disclosed under s7 of the Criminal Procedure and Investigations Act 1986.

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