A judge’s decision to stay a prosecution as an abuse of process on the basis of a failure by the prosecution to properly pursue a line of enquiry when investigating allegations of sexual assault was wrong in principle and did not constitute a reasonable exercise of his discretion.
CRIMINAL EVIDENCE CRIMINAL PROCEDURE FAMILIAL CHILD SEX OFFENCES MOBILE TELEPHONES PROSECUTION DISCLOSURE RIGHT TO FAIR TRIAL SEXUAL OFFENCES STAY OF PROCEEDINGS UNUSED MATERIAL
Convictions for sexual offences were safe despite the fact that material about the complainant had not been disclosed to the defence, because the picture of the complainant put before the jury was nevertheless a sufficiently accurate one.
ADMISSIBILITY BAD CHARACTER CAUSING CHILDREN TO WATCH SEXUAL ACTS CRIMINAL CASES REVIEW COMMISSION CRIMINAL EVIDENCE CRIMINAL PROCEDURE FABRICATION OF EVIDENCE PROSECUTION DISCLOSURE PROSECUTION WITNESSES SEXUAL ACTIVITY WITH CHILDREN
Alleged failures in pre-trial investigation procedure did not affect the safety of the convictions of soldiers found guilty of kidnapping, sexual assault, theft and assault occasioning actual bodily harm.
ACTUAL BODILY HARM ARMED FORCES ARMED FORCES INVESTIGATION ASSAULT AND SEXUAL ASSAULT CRIMINAL EVIDENCE CRIMINAL PROCEDURE DISCLOSURE FAILURE TO KEEP CONTEMPORANEOUS RECORD OF MATERIAL OBTAINED DURING INVESTIGATION FRESH EVIDENCE GERMANY KIDNAPPING PROSECUTION DISCLOSURE SAFETY OF CONVICTION FOR KIDNAPPING SENTENCE LENGTH SENTENCING SEXUAL ASSAULT THEFT TOTALITY OF SENTENCE
Undisclosed historic material from the police and social services which included information regarding previous sexual allegations made by a rape victim that had not been pursued because of concerns expressed by professionals regarding her credibility did not significantly undermine the victim’s credibility so as to affect the safety of the offender’s conviction.
CREDIBILITY CRIMINAL CASES REVIEW COMMISSION CRIMINAL EVIDENCE CRIMINAL PROCEDURE PROSECUTION DISCLOSURE RAPE SEXUAL OFFENCES (AMENDMENT) ACT 1976 s.2
New evidence as to a complainant’s reliability and truthfulness, which was not disclosed at the trial in 2001 of a man charged with indecently assaulting under-age children and attempted buggery of an under-age boy when he worked at children’s homes in the 1970s, would not have affected the safety of his convictions even if it had been admissible.
“HISTORIC” OFFENCES BUGGERY CHILD SEX OFFENCES CHILDREN’S HOMES CRIMINAL EVIDENCE CRIMINAL JUSTICE ACT 2003 s.114 CRIMINAL PROCEDURE EFFECT ON SAFETY OF CONVICTIONS INDECENT ASSAULT NEW EVIDENCE AS TO COMPLAINANTS’ CREDIBILITY AND RELIABILITY PROSECUTION DISCLOSURE YOUTH JUSTICE AND CRIMINAL EVIDENCE ACT 1999 s.41
Arrangements to provide defence lawyers with the relevant material for the sole purpose of discharging their professional responsibilities to their client, and the acceptance by them of access to such material for that purpose, could not, in any circumstances, be regarded as criminal. Where, in the course of proceedings concerning the making and possession of indecent photographs of a child, the trial judge had ordered the prosecution to make copies of the images for his use, with the defence to be shown an identical copy, and the prosecution had given notice that it would not comply with that order, the proceedings had rightly been stayed as an abuse of process.
ABUSE OF PROCESS COURT ORDERING PROVISION OF PROHIBITED MATERIAL FOR PURPOSE OF CONDUCTING DEFENCE CRIMINAL EVIDENCE CRIMINAL JUSTICE ACT 1988 s.160(1) CRIMINAL JUSTICE ACT 2003 s.58 CRIMINAL PROCEDURE ENTITLEMENT TO STAY PROCEEDINGS AS ABUSE OF PROCESS INDECENT PHOTOGRAPHS OF CHILDREN JUDGMENTS AND ORDERS PROSECUTION DISCLOSURE PROSECUTION EVIDENCE PROSECUTION FAILING TO COMPLY WITH COURT ORDER PROTECTION OF CHILDREN ACT 1978 s.1(1)(a) s.1 s.160 STAY OF PROCEEDINGS
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