Practice and Procedure

R v SAM COOK (2012)

PUBLISHED January 19, 2012

[2012] EWCA Crim 6

Where a defendant had been acquitted in a drug-trafficking trial and the retrial of a co-defendant was ordered, and the prosecution intended to allege involvement by the acquitted defendant, the latter could not invoke the presumption of innocence in the European Convention on Human Rights 1950 art.6(2), because he was not "charged with a criminal offence".

CA (Crim Div) (Hooper LJ, Hickinbottom J, Judge Warwick McKinnon (Recorder of Croydon))