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This is an appeal judgement brought by the prosecution against a crown court judges decision to stay ( throw out ) proceedings in a trial involving a young man accused by his two step sisters after an application by the defence for an abuse of process because one of the complainants phones wasn't examined until too late to retrieve possibly relevant material. The trial judge with concession of the prosecution at the time decided that the defendant could not have a fair trial.
Rather predictably, the court decided that the missing phone data was probably not that important, the comp could be cross examined on it and the jury make up it's own mind... upheld the appeal and ordered that a fair trial could go ahead.
Well worth a read for those where phone data might be important although anyone hoping for an automatic searching of a complainants phone is going to be disappointed.
Read the full judgement here. (12 page PDF) : https://crimeline.co.uk/wp-content/u...YQHZ4SBShjLYrM
This is an appeal judgement brought by the prosecution against a crown court judges decision to stay ( throw out ) proceedings in a trial involving a young man accused by his two step sisters after an application by the defence for an abuse of process because one of the complainants phones wasn't examined until too late to retrieve possibly relevant material. The trial judge with concession of the prosecution at the time decided that the defendant could not have a fair trial.
Rather predictably, the court decided that the missing phone data was probably not that important, the comp could be cross examined on it and the jury make up it's own mind... upheld the appeal and ordered that a fair trial could go ahead.
Well worth a read for those where phone data might be important although anyone hoping for an automatic searching of a complainants phone is going to be disappointed.
Read the full judgement here. (12 page PDF) : https://crimeline.co.uk/wp-content/u...YQHZ4SBShjLYrM
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