header-logo header-logo

16 May 2008
Issue: 7321 / Categories: Case law , Law digest
printer mail-detail

Criminal Litigation

Smith v DPP [2008] EWHC 771 (Admin), [2008] All ER (D) 263 (Mar)

Following a submission of no case to answer, a district judge permitted the prosecution to recall their main witness.

HELD “Prosecuting authorities should not be encouraged to believe that they can re-open a case to adduce evidence which was available to them but which they did not adduce before a case was closed.

Sloppiness would result if it were thought that omissions could routinely be made good by the Crown at a later stage in the proceedings. On the other hand, the interests of the defendant must be balanced against the public interest in ensuring that those who have committed crimes should be convicted” (Lord Justice Dyson at 5).

The judge’s decision to allow the Crown to reopen its case was not a plainly wrong exercise of his discretion. The witness had already given evidence that the person who committed the offence was the accused and the judge was entitled to permit the prosecution to strengthen its case by allowing the witness to give evidence to meet a point made in the course of

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll