Practice and Procedure

R v M (2012)

PUBLISHED May 4, 2012

[2012] EWCA Crim 899

A defendant had been unfairly prejudiced by a judge's decision to respond to a jury's question, towards the end of the prosecution case, by admitting a passage which the defence and prosecution had agreed to edit out of a witnesses video interview. The defence had not behaved improperly in securing the agreed editing, and it had cross-examined witnesses on the basis that the evidence would not be admitted.

CA (Crim Div) (Pill LJ, Spencer J, Judge Peter Thornton QC)