Practice and Procedure

R v MARLON McCOOK (2012)

PUBLISHED November 21, 2012

[2012] EWCA Crim 2817

A conviction for assault occasioning actual bodily harm was quashed as a judge had erred in refusing a submission of no case to answer where the only identification evidence had been substantially undermined during oral evidence and had been obtained via a procedure which did not satisfy the PACE codes of practice Code D.

CA (Crim Div) (McCombe LJ, Foskett J, Eder J)