[2004] EWCA Crim 2283

A judge had erred in refusing an application under the Criminal Justice Act 1988 s.23 for a witness statement to be admitted in evidence where the witness was abroad. The statement was capable of corroborating the defendant's alibi in a case of rape and the judge ought to have exercised his discretion in the defendant's favour.

CA (Crim Div) (Thomas LJ, Gage J, Sir Richard Rougier)

02/07/2004