[2004] EWCA Crim 1293

The judge was entitled to conclude that the written statement of a witness who was too frightened to give oral evidence should be read to the jury as permitted by the Criminal Justice Act 1988 s.23 since that was in the interests of justice under s.26 of the Act in the instant case. In general, judges should not be easily persuaded that it was in the interests of justice to permit such evidence to be read since that might jeopardise a fair trial.

CA (Crim Div) (Hooper LJ, Leveson J, Judge Mettyear)

21/05/2004