[2006] EWCA Crim 794

Whenever a court was confronted by failure to take a required step, properly or at all, before a power was exercised it should first ask itself whether the intention of the legislature was that any act done following that procedural failure should be invalid. If the answer to that question was no, then the court should go on to consider the interests of justice generally, and most particularly whether there was a real possibility that either the prosecution or the defence might suffer prejudice on account of the procedural failure.

CA (Crim Div) (Rose LJ, Penry-Davey J, Fulford J)

05/04/2006