ACQUITTAL OF CO-DEFENDANT AFTER ADMISSION OF HIS POLICE INTERVIEW

Whether to discharge the jury was a matter for evaluation by the trial judge on the particular facts of the case. There was no proper basis for interfering with the exercise of that discretion where evidence in interview implicating one co-defendant had been put before the jury by another co-defendant when he, although later acquitted, was still a defendant in the case, as the trial judge had correctly noted that the evidence at issue had been properly admitted at the time, had directed that it should immediately be removed from the jury bundle after the acquittal and had given a direction to the jury to ignore that evidence.

[2010] EWCA Crim 865