[2007] EWCA Crim 2261

A judge had been entitled to give a direction to a jury pursuant to the Criminal Justice and Public Order Act 1994 s.34 and modify it accordingly rather than giving a lies direction. The choice between an appropriate lies direction and a s.34 direction and how to deal with an overlap between them, by way of modification or otherwise, was a matter for the judgment of the trial judge according to the circumstances.

CA (Crim Div) (Auld LJ, Cresswell J, Butterfield J)

30/07/2007