QUEEN'S BENCH DIVISION
B e f o r e :
(Vice President of the Court of Appeal, Criminal Division)
MR JUSTICE HENRIQUES
|NOTTINGHAM MAGISTRATES' COURT||(DEFENDANT)|
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(Official Shorthand Writers to the Court)
MR R SUTTON QC appeared on behalf of the DEFENDANT
Crown Copyright ©
Monday, 7th July 2003
"It is strongly arguable, to put it no higher, that this is an issue entirely appropriate for a district judge depending, as it does, upon factual issues as to what the defendant was told or not told . . . In deciding that issue he will have to decide whether on any application for disclosure any documents that have not yet been disclosed should be disclosed".
"I cannot find that Customs and Excise did any more than give Mr Martin an impression that they might be prepared to consider using Mr Theobald as a prosecution witness".
"I would still have admitted it because, having heard Mr Theobald's evidence, I was satisfied that he was aware of the risk of prosecution at the time of his interview and that nothing had been said to him which was likely to render any confession unreliable".