[2004] EWCA Crim 837
In the circumstances, the judge had been wrong to give a direction under s.34 Criminal Justice and Public Order Act 1994, as the form the police interview had taken did not allow the defendant any opportunity to mention matters which he then relied on at trial. It was imperative that judges discussed with counsel whether a s.34 direction was necessary to avoid convictions being appealed.
CA (Crim Div) (Kay LJ, Bodey J, Judge Tilling)
02/03/2004