header-logo header-logo

03 January 2008 / Peter Hungerford-welch
Issue: 7302 / Categories: Case law , Law digest , In Court
printer mail-detail

Criminal Evidence

Lynch [2007] All ER (D) 346 (Nov)

This case concerned the admissibility of a statement made by a witness during an identification procedure held pursuant to PACE Code D. 

 

HELD - Section 67 of Police and Criminal Evidence Act 1984 (PACE 1984) does not render admissible something which is hearsay evidence, albeit evidence obtained during a process properly conducted under the Codes of Practice. The Codes of Practice do not alter the rules on admissibility of evidence. Moreover, the Criminal Justice Act 2003, s 114(1)(a) is not authority for the proposition that anything said by a witness in an identification parade is admissible merely because it operated in accordance with Code D.  However, some statements might be so bound up so as to form part of the exception to the hearsay rule; a statement accompanying a relevant act might therefore be admissible. Moreover, the judge was also entitled to conclude that the statement was admissible in the interests of justice pursuant to s 114(1)(d).

Issue: 7302 / Categories: Case law , Law digest , In Court
printer mail-details

MOVERS & SHAKERS

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll