ABSENCE OF WITNESS DUE TO ACTION OF PARTY SEEKING TO ADDUCE HEARSAY EVIDENCE

It was sufficient for the purposes of the Criminal Justice Act 2003 s.116(5) that the action of a party seeking to adduce hearsay evidence should have been an effective cause, albeit not the only cause, of the witness’s absence, since to hold otherwise would significantly undermine the policy of the legislation.

[2012] EWCA Crim 1434