The Court held that It would only be in the rarest cases that expert or opinion evidence from a counsellor would be relevant or admissible. The starting point was always that a…
Category: Resources
R v BJ & Another [ 2020 ] EWCA Crim 790 – accessing digital evidence complainants
The Court considered the issue of disclosure of digital evidence as it related to cases involving complaint of sexual offending . It identified that the issues to be addressed were : The…
The Journey to a Not Guilty Verdict Historic Cases
The Clock is ticking from the moment you are charged with historical allegations , in fact this is the cruelest contradiction in that your accusers may have waited many decades to bring…
R v PR [ 2019 ] – Abuse of Process Lost Evidence
R v PR [ 2019] [1] In 2002, following a police investigation into allegations made by his six-year-old niece, a decision was made not to prosecute the defendant for offences of indecency…
R (on the application of Keogh) v Director of Public Prosecutions – Nunn Disclosure refusal
The claimant renewed his application for permission to challenge the failure of the DPP to permit access to CCTV footage introduced at his criminal trial or to the forensic file in those…
R v Connell – Hearsay
This appeal raised the issue of how to deal with a hearsay application where the Complainant was deceased . The complainants were his two step-daughters G & C, after providing an ABE…
R v Shaid – Non Defendant Bad Character and a shifting defence
Where the Defence wanted to adduce evidence of the deceased bad character over threats to use a gun the Court declined to admit this evidence and concluded the trial Judge had made…
Parashar v Sunderland Magistrates Court – Adjournment for a Defence Expert
The Court quashed a decision made by a District Judge refusing to vacate atrial where a prosecution expert could attend but a defence expert could not . “This claim is for judicial…
Historic Allegations – charged with an offence next steps
I am to be charged what happens next? If you originally attended your police interview as a volunteer, then you may simply receive a summons to Court (this is called a requisition)…
Historic Abuse Police Interviews
HISTORIC ALLEGATIONS – FACING INTERVIEW AT THE POLICE STATION These days the first you may know about facing a serious allegation will be a call or message from the police asking you…