header-logo header-logo

Criminal Litigation

18 October 2007
Issue: 7293 / Categories: Case law , Law digest
printer mail-detail

R v Chal [2007] All ER (D) 70 (Oct)

The defendant was found unfit to stand trial. In proceedings under s 4A of the Criminal Procedure (Insanity) Act 1964 (CP(I)A 1964), the judge allowed a statement of a prosecution witness who could not be traced to be read pursuant to the Criminal Justice Act 2003 (CJA 2003), s 116.

The defendant submitted that the judge had erred in admitting hearsay evidence because the hearing under CP(I)A 1964, s 4A did not amount to “criminal proceedings” as defined in CJA 2003, s 134.

HELD The phrase “criminal proceedings” could properly be interpreted to include all proceedings in the criminal procedure framework, including ancillary proceedings that did not of themselves result in a criminal conviction or punishment.

A jury should only make a finding that the defendant committed the actus reus of the offence if it was satisfied, to the criminal standard of proof, that he did the act alleged. The purpose of CP(I)A 1964, s 4A is that a person should not be detained unless they would have been found guilty at a criminal trial. Therefore, it is imperative that the same rules of evidence should be applied to proceedings under s 4A as would have been applied if it were a criminal trial in the strict sense.

The judge therefore had the power to admit the hearsay statement either on the basis that CJA 2003 applied as a matter of statutory interpretation, or on the basis that the court should adopt the same rules of evidence as in a criminal trial.

Issue: 7293 / Categories: Case law , Law digest
printer mail-details

MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll