ADMISSIBILITY OF FRESH EVIDENCE FOLLOWING POST-TRIAL RETRACTION OF ALLEGATIONS

[2013] EWCA Crim 159 [2013] EWCA Crim 159

The decision in R. v Conway (David Patrick) (1980) 70 Cr. App. R. 4 was not to be regarded as binding authority on the procedure required to be adopted in applications or appeals based on evidence of alleged retractions or inconsistent statements. What constituted the best and fairest procedure had to be determined on a case-by-case basis.