header-logo header-logo

04 April 2008
Issue: 7315 / Categories: Case law , Law digest
printer mail-detail

CRIMINAL LITIGATION

DPP v Cooper [2008] All ER (D) 03 (Mar)

The prosecution case was that bank notes in the accused’s possession had tested positive for the presence of heroin. The forensic test had been video-taped. However, the video had been lost.

The defence was unable to carry out its own tests on the bank notes because they had been tested using a spray that would make subsequent testing impossible. The defence therefore submitted that a fair trial could not take place.

HELD The proceedings did not constitute an abuse of process: the defendant still had adequate means to challenge the prosecution case, since the forensic scientist who conducted the tests on the bank notes could have been questioned about the way she conducted those tests and how she had reached her results.

Moreover, the court would have been able to make adequate allowance for the fact that the defendant had not been able to see a video of the tests being carried out or to carry out its own tests.
 

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

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll