The inclusion of certain information on an individual’s enhanced criminal record certificate about an unsubstantiated allegation of sexual assault constituted a disproportionate interference with his rights under the European Convention on Human Rights 1950 art.8 where that information had an arguably unreliable basis and effectively ended the individual’s prospects of obtaining work in the caring […]
A 30-year delay on the part of a complainant did not render an offender’s convictions for indecent assault, indecency with a child, and rape unsafe as the judge had sufficiently dealt with any prejudice to the offender in his summing up and directions to the jury and there had been other evidence that supported the […]
A judge had not erred in refusing to stay proceedings for abuse of process in a trial concerning sexual offences which took place after the death of a defence witness, where there was no suggestion that the witness would have given unique or striking evidence, and the judge had properly directed the jury on the […]
The presence of a serving police officer on a jury in a criminal trial had not compromised the fairness of that trial because, although the case involved allegations of improper police conduct in relation to offences admitted as evidence of propensity, it did not involve a dispute of evidence between defence and police witnesses, and […]
A summing up which repeatedly invited the jury to consider what motive the complainant would have for lying in relation to her allegations of sexual abuse by the defendant failed to strike a fair and proper balance between prosecution and defence.
