QUEEN'S BENCH DIVISION
B e f o r e :
|THE QUEEN ON THE APPLICATION OF ANTHONY DONOVAN HUGHES||Claimant|
|WOOLWICH CROWN COURT||Defendant|
|CROWN PROSECUTION SERVICE||Interested Party|
Smith Bernal Wordwave Limited
190 Fleet Street London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
MR C HEHIR (instructed by Crown Prosecution Service) appeared on behalf of the Interested Party
Crown Copyright ©
"I have known [the complainant] for 3 or 4 years. She lives in the same block as me. She calls me nearly every day and I see her 2 or 3 times a week."
"We are aware that you have already carried out a mobile phone investigation on [the complainant's] mobile phone and these documents are therefore likely to be in your possession. If they are not, kindly advise as a matter of urgency so that the relevant application can be made to the court to [her] service provider for a summons to produce documents."
"(a) that there is good and sufficient cause for doing so; and
(b) that the prosecution has acted with all due expedition."
"Investigators, disclosure officers and prosecutors must promptly and properly discharge their responsibilities under the Act and statutory Code, in order to ensure that justice is not delayed, denied or frustrated. In this context, under paragraph 3.5 of the Code of Practice, it is provided 'an investigator should pursue all reasonable lines of inquiry, whether these point towards or away from the suspect'."
In paragraph 18 it is said:
"Where the single test for disclosure applies under the amended CPIA disclosure regime, the prosecutor is under a duty to consider, at an early stage of proceedings, whether there is any unused prosecution material which is reasonably capable of assisting the case for the accused. What a defendant has said by way of defence or explanation either in interview or by way of a prepared statement can be a useful guide to making an objective assessment of the material which would satisfy this test."