[2001] EWCA Crim 733

There was no reason why the principle by which a witness was permitted to refresh his memory should be confined to reading a piece of paper. If modern technology provided for a better or different means for the same purpose it should be available for use in court. The criteria applied concerning fairness contained in Art.6 European Convention on Human Rights were the same criteria that would be applied when considering an application for exclusion of evidence under s.78 Police and Criminal Evidence Act 1984.

CA (Crim Div) (Judge LJ, Cresswell J, Ouseley J)

15/03/2001