Source: All England Reporter
Publisher Citation: [2003] All ER (D) 294 (Feb)
Court: Administrative Court

Stanley Burnton J

Representation Dele Alakija (instructed by Levenes) for the appellant.
  William Rickarby (instructed by Crown Prosecution Service, Birmingham) for the respondent.
Judgment Dates: 21 February 2003


Criminal evidence and procedure - Evidence - Cross-examination - Prosecution adducing tape recorded interview in which defendant denying commission of offence - Defence simply affirming accuracy of interview and giving no further evidence - Prosecution failing to cross examine defendant - Entitlement of district judge to refuse to accept defendant's unchallenged evidence.

The Case

It was the professional duty of the prosecution to make clear to the defendant, whilst she was in the witness box, that if she disputed the case against her, she could enlarge upon or explain matters given in evidence. However, failure to comply with that professional duty did not necessarily mean that a district judge was compelled to accept the case put forward by the defence where there had been no cross examination.

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