[2007] EWCA Crim 1237
Where a defendant sought to rely on evidence of a co-defendant's bad character, and it was ruled that the evidence was of substantial probative value and deemed admissible under the Criminal Justice Act 2003 s.101(1)(e), a judge had no express power to exclude that evidence on the grounds of unfairness or by placing reliance on the co-defendant's right to a fair trial under the European Convention on Human Rights 1950 Art.6. However, where there had been a failure to comply with the requirements of the Criminal Procedure Rules 2005 Part 35, the court could, in limited circumstances, exclude the evidence.
CA (Crim Div) (Moses LJ, Underhill J, Judge Stewart QC)
23/05/2007