Practice and Procedure

R v M (2008)

PUBLISHED November 4, 2008

[2008] EWCA Crim 2751

It was not unreasonable for a judge to have ruled before hearing his evidence that a young complainant with learning difficulties was not a competent witness; the judge had watched a DVD of the complainant's police interview, had spoken with him and had reasonably concluded that even with various special measures the defendant would not have had sufficient opportunity to challenge his evidence.

CA (Crim Div) (Richards LJ, Foskett J, Judge Jacobs)