EWCA Crim 1155
It was a regrettable fact that the court was required once again to reinforce the importance of compliance with the Criminal Procedure Rules. It was crucial at the plea and case management hearing stage for counsel to carefully examine and identify the case issues. In the instant case, where a new issue had arisen during cross-examination, it was counsel's duty to have drawn the matter to the attention of the judge rather than attempting to ambush the prosecution by a submission of no case to answer.
CA (Crim Div) (Thomas LJ, Henriques J, Openshaw J)