08 February 2007
Filmer v DPP [2006] EWHC 3450 (Admin), [2006] All ER (D) 08 (Nov)
Whether the trial is in the crown court or the magistrates’ court, the prosecution is not limited in either the questions it asks of its witnesses or the evidence it introduces by the precise wording or content of the disclosed statements, exhibits or other documentation.
The requirement on it is to reveal its case in sufficient detail to enable defendants properly to prepare their defence for trial. Supplementary questions can be asked, and areas can be explored in greater detail than revealed in the disclosed material, so long as the fair trial and natural justice requirements of the case are not breached (per Mr Justice Fulford at para 33).
