Practice and Procedure

R V PLATTEN (2006)

PUBLISHED February 15, 2006

[2006] EWCA Crim 140

The question of admissibility of evidence was a matter for the trial judge, but the judge had a duty not to allow evidence that was inadmissible to go before the jury even if no submissions were made that the evidence was inadmissible. Covert recordings of conversations were evidence of a conspiracy in operation and were admissible, and the judge's direction to the jury did not amount to a direction that the evidence proved that the offender was a party to the conspiracy.

CA (Crim Div) (Waller LJ, Gray J, Cox J)