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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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NLJ Career Profile: Nikki Bowker, Devonshires

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Leasehold enfranchisement specialist joins residential property team

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NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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