The Court of Appeal could admit new evidence if the requirements under s.23 Criminal Appeal Act 1968 were met. Those requirements were whether the evidence: was capable of belief; could afford a ground for allowing an appeal; would have been admissible at trial; and whether there was a reasonable explanation for the failure to adduce the evidence at trial.

CA (Crim Div) (Potter LJ, Smedley J, Judge Beaumont QC)


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