Source: All England Reporter
Publisher Citation: [2006] All ER (D) 280 (Apr)
Court: Queen's Bench Division (Divisional Court)

Scott Baker LJ and Openshaw J

Representation Sonia Birdee (instructed by Berry & Berry, Worsley) for the defendant.
  Vincent Yip (instructed by the Crown Prosecution Service, Wigan) for the prosecution.
Judgment Dates: 28 April 2006


Criminal evidence - Witness - Bad character - Defendant charged with assault of witness - Witness main prosecution evidence against defendant - Witness awaiting trial for violent affray - Prosecution failing disclose details of counts against witness - Defendant seeking adjournment for information to be disclosed - Prosecution not opposing adjournment - Justices refusing adjournment - Whether justices in error - Whether refusal to adjourn depriving defendant of right to a fair trial - Human Rights Act 1988, Sch 1, Pt 1, art 6(1).

The Case

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