Although there had been a procedural defect under the Youth Justice and Criminal Evidence Act 1999 s.23 in a criminal trial, namely that the main prosecution witness, who had been screened from the accused, could not be seen by the accused's counsel and the prosecution counsel at once, there had been no substantial miscarriage of justice, as the identity of the complainant was well known to the defence, and the defence had every opportunity to challenge the complainant's character and credibility and was able to put direct questions to her and observe her demeanour.

[2005] UKPC 31

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