ADMISSIBLE

Where two defendants were jointly charged with a crime and each blamed the other for its commission, one accused could rely on the more significant criminal propensity of the other in order to prove his innocence.

[2003] UKHL 69

Evidence of demeanour immediately after the act complained of was probative and was admissible by analogy to the res gestae principle.

[2003] EWCA Crim 3173

A claimant who had had a conviction for murder quashed and who wished to bring a claim for police malpractice could on occasions adduce similar fact evidence of incidents of similar malpractice by the same police officers.

[2003] EWCA Civ 1085

The trial judge had erred in admitting documentary evidence in the form of questionnaires under s.24 Criminal Justice Act 1988 and as a result convictions under the Health and Safety at Work Act 1974 were unsafe.

[2002] EWCA Crim 2067

Although there had been a breach of the Memorandum of Good Practice, a judge had been right to allow video evidence from an 11-year-old complainant to go before the jury in a trial for indecent assault and rape.

[2002] EWCA Crim 1460

Provided that fingerprint evidence was otherwise admissible it could be used to prove a foreign conviction. A judge’s ruling not to decide whether a defendant would be treated as a man of good character unless and until the matter arose at trial was the correct approach.

[2002] EWCA Crim 676

Entrapment was not sufficient to require the exclusion of evidence under s.78 Police and Criminal Evidence Act 1984. The judge had a wide ambit of discretion to assess the effect of evidence obtained by entrapment on the fairness of the proceedings.

Provided that a defendant was not placed in double jeopardy, evidence that was relevant on a subsequent prosecution was not inadmissible because it showed or tended to show that the defendant was, in fact, guilty of an offence of which he had earlier been acquitted. Previous acquittals could be admitted as similar fact evidence in a current trial

Where DNA profile evidence from earlier, unrelated and discontinued proceedings had been retained in breach of s.64 Police and Criminal Evidence Act 1984, a conviction based on subsequent DNA evidence obtained only as a result of that breach was unsafe and would be quashed. Overruled in Attorney-General’s Reference No.3 of 1999 (2000) LTL 14/12/2000.