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04 October 2007
Issue: 7291 / Categories: Case law , Law digest
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CRIMINAL EVIDENCE

R v Smith [2007] EWCA Crim 2105

The line of authorities on the Police and Criminal Evidence Act 1984 (PACE 1984), s 74 (admissibility of guilty plea of co-accused) as distilled in the judgment of Lord Justice Staughton in R v Kempster, [1989] 1 WLR 1125, [1990] 90 Cr App R 14 (indicating that s 74 should be applied sparingly, because the evidence that a now absent co-accused has pleaded guilty may carry enormous weight in the minds of the jury, but it is nevertheless evidence which cannot properly be tested in the trial of the remaining defendant) remains relevant despite the passing of the Criminal Justice Act 2003 (CJA 2003).

It remains of considerable importance to examine whether or not the case is one in which the admission of the plea of guilty of a now absent co-defendant would have an unfair effect upon the trial by closing off many, or even all, of the issues which the jury is trying.

It remains the case that if there is no real question but that the offence was committed by someone and the real issue is whether or not the present defendant is party to it, evidence of pleas of guilty is likely to be perfectly fair, though each case depends upon its own facts. However, it also remains true that such evidence may well be unfair if the issues are such that the evidence closes off the issues that the jury has to try.

Issue: 7291 / Categories: Case law , Law digest
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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
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