[2008] EWCA Crim 1524

A judge had erred in ruling that video identification evidence should be excluded for breach of the PACE codes of practice, Code D, as he had failed to consider whether the consequences of the breach could have been cured and any unfairness alleviated by the trial process, including the possibility of drawing the attention of the jury to the shortcomings of the identification evidence or references to any breach of the Code.

CA (Crim Div) (Maurice Kay LJ, Plender J, Judge Stokes QC)

17/07/2008

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