Source: All England Reporter
Publisher Citation: [2002] All ER (D) 53 (Sep)
Court: Court of Appeal, Criminal Division

Latham LJ, Hunt and Davis JJ

Representation Mark Hardie (assigned by the Registrar of Criminal Appeals) for the defendant.
  Janine Sheff (instructed by the Crown Prosecution Service) for the Crown
Judgment Dates: 11 September 2002


Criminal evidence - Child - Video recording of child's testimony - Replay of video - Judge indicating to jury during summing up that they were able to review video - Jury requesting to review video - Whether appropriate for judge to encourage jury to review video - Whether judge establishing sufficient justification for reviewing video.

The Case

Where the trial judge invited the jury to review video evidence during his summing up, and where they subsequently did so, it was held upholding the defendant's appeal that the judge had erred in inviting the jury to review the evidence, and in failing adequately to establish that the jury's subsequent reviewing of that evidence was justified.

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