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18 October 2007
Issue: 7293 / Categories: Case law , Law digest
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Criminal Litigation

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
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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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