A judge had not erred by firstly allowing the prosecution to continue in a trial of attempted robbery where he was satisfied that failure by police to investigate missing money did not amount to a misuse of the process of the court and secondly continuing with the same jury following the acquittal of a co-accused, having reviewed the evidence and concluded that there was no unfair prejudice to the remaining defendants in doing do.

CA (Crim Div) (Auld LJ, Jowitt LJ, Sullivan LJ)

01/05/1998