Practice and Procedure

DIRECTOR OF PUBLIC PROSECUTIONS v SHAUN KAVANAGH (2005)

PUBLISHED April 22, 2005
SHARE

For a court properly to exercise its discretion under the Criminal Justice and Public Order Act 1994 s.35, there had to be an evidential basis as to why it was undesirable for a defendant to give evidence at his criminal trial. A statement by the defendant's legal representative that the defendant might not give evidence was not sufficient evidence as to the defendant's ability to give evidence.

[2005] EWHC 820 (Admin)

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