FRESH EVIDENCE

[2019] EWCA Crim 2271
[2019] EWCA Crim 2271
CA (Crim Div) (Fulford LJ, Spencer J, William Davis J)
19 December 2019

It was for the defence at trial to take decisions as to whether to use or act on disclosed unused material, and a failure to inspect such material was unlikely to justify a later application, following conviction, for it to be introduced as fresh evidence. The court emphasised that only in exceptional circumstances would evidence be admitted that could have been adduced at trial.

DC (Dingemans LJ, Lane J)
17 December 2019

The court dismissed a Turkish national’s appeal against extradition on the basis that it was impossible to say that the judge’s decision had been wrong. He had been entitled to accept that an assurance provided by the Turkish authorities sufficiently mitigated the risk of overcrowding; it had identified that he would be detained in a specific prison, there was nothing to suggest that that prison was overcrowded and, importantly, the authorities had also given a specific assurance that the individual would be accommodated in humane conditions.

[2019] EWCA Crim 2332
[2019] EWCA Crim 2332
CA (Crim Div) (Singh LJ, Spencer J, Judge Katz QC)
13 December 2019

Fresh evidence which showed that the complainant had lied in her evidence rendered a conviction for sexual assault unsafe.

QBD (Admin) (Stuart-Smith J)
21 November 2019

Fresh evidence submitted by a requested person did not support the conclusion that her two young children would be left homeless if she was extradited, but rather that her partner would be permitted to look after them. Accordingly, her extradition to Lithuania to face trial for the offence of possession with intent to supply class A drugs did not breach ECHR art.8.

[2019] EWCA Crim 1389
[2019] EWCA Crim 1389
CA (Crim Div) (Thirlwall LJ, Fraser J, Sir David Foskett)
31 July 2019

False identity document offences committed by a victim of human trafficking were quashed as they had been committed in the context of a life of repeated trafficking and sexual exploitation. The offences were integral to, and consequent upon, the trafficking and exploitation so as to extinguish culpability.

[2019] EWCA Crim 1326
[2019] EWCA Crim 1326
CA (Crim Div) (Davis LJ, Edis J, Judge Potter)
24 July 2019

A defendant convicted of murder at the age of 15 was refused an application to adduce fresh psychiatric evidence aimed at explaining his reasons for maintaining his innocence at trial. His admission of guilt after conviction was tactical and made in order to gain sentencing advantage.

[2019] EWCA Crim 1248
[2019] EWCA Crim 1248
CA (Crim Div) (Davis LJ, Lewis J, Julian Knowles J)
5 July 2019

The criteria for admitting fresh evidence in a soldier’s appeal against his conviction on two counts of assault were not met, with the result that his conviction stood.

[2019] EWHC 1175 (Admin)
[2019] EWHC 1175 (Admin)
QBD (Admin) (Simon LJ, Farbey J)
10 May 2019

The Criminal Cases Review Commission’s refusal to refer a murder conviction to the Court of Appeal in the light of fresh evidence was not unreasonable or unlawful. Even if that evidence had been accepted, there was no real possibility that the Court of Appeal would quash the conviction. The court stated obiter that the commission should be given an opportunity to make representations at an oral hearing before permission was given to bring judicial review proceedings against it.

[2019] EWHC 1185 (Admin)
[2019] EWHC 1185 (Admin)
QBD (Admin) (Supperstone J)
10 May 2019

An appeal against an extradition order was dismissed, as the appellant had failed to demonstrate that conditions in women’s prisons in France constituted inhuman or degrading treatment contrary to ECHR art.3.

[2019] EWCA Crim 752
[2019] EWCA Crim 752
CA (Crim Div) (Macur LJ, Russell J, Judge Kinch QC)
9 May 2019

The court considered the safety of the convictions of two victims of human trafficking, for cultivation of cannabis and controlling prostitution for gain respectively, and whether it had been in the public interest to prosecute them.

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