Practice and Procedure

R v ANTHONY GLYN GREGORY BURKE (2005)

PUBLISHED January 19, 2005
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In the circumstances the judge should not have been asked to stay the case before it started. The fairness of the trial could only properly be determined when all the evidence had been called and any particular difficulties caused by the passage of time, the destruction of documents and the unavailability of witnesses could be identified and considered against the background of all the evidence in the case.

[2005] EWCA Crim 29

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