[2005] EWCA Crim 651

Where the court had allowed a witness' s statement to be read out in court under the Criminal Justice Act 1988 s.23 and s.26 , there was no absolute rule that, where that evidence was the decisive evidence, its admission would automatically lead to an infringement of the defendant's rights under European Convention on Human Rights 1950 Art.6(3)(d) .

CA (Crim Div) (Waller LJ, Owen J, Fulford J)


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