Matthew Barnes prosecutes in landmark Court of Appeal case regarding s28 pre-recorded evidence

Matthew Barnes
Written by:

Megan Blackwell

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Matthew Barnes prosecuted in a landmark Court of Appeal case, providing first authority on s28 pre-recorded evidence being replayed to a jury under certain conditions.

Matthew prosecuted a trial at Warwick Crown Court where the complainant’s evidence had been pre-recorded and the jury asked to have it replayed after their retirement. The judge refused and the defence appealed.

The Court of Appeal held that the position was analogous to the replaying of an ABE interview and the s28 recording could be replayed to the jury if certain conditions and procedures were satisfied. This has provided clarification and is believed to be the leading authority on s28 pre-recorded evidence being replayed.

Written by Megan Blackwell

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