R v. Wills is helpful, saying court should make full enquiries as to why complainant has not attended in considering a pros application under res gestae

 

https://www.lawgazette.co.uk/legal-updates/criminal-general-defences/5063833.article

 

From: <members@mail.lccsa.org.uk> on behalf of richard berman <rberman63@gmail.com>
Reply-To: richard berman <rberman63@gmail.com>
Date: Tuesday, 3 April 2018 at 17:01
To: <members@mail.lccsa.org.uk>
Subject: Talking point in d v cases.

 

The Crown increasingly rely on body worn video evidence in domestic violence trials often when the complainant has withdrawn.

 

Should this evidence be allowed as the police do not tell the complainant when they are recording that they are contemplating using the evidence in criminal proceedings? Shouldn't the complainant know before being recorded the importance of what they are about to say?  Section 78 point?

 

I have also noticed leading questions from police at scene.

 

Richard


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