R v Lawrence & Ors [2014] 1 Cr App R 33

Hearsay provisions applicable to a retrial: The Defendants were charged with a number of sexual offences. There was a retrial. At the retrial one of the Complainants refused to give evidence because of both the distress she had suffered at giving evidence in the first trial and because she did not want to relive the events once again. The trial Judge wrote a letter to the Complainant asking her to accompany his clerk to the Court so that she could explain her position in more detail. The letter from the Judge to the Complainant was accompanied by a letter from the Crown Prosecution Service to the Complainant emphasising that she would not be made to give evidence.

The Court of Appeal held that the letter from the Crown Prosecution Service to the Complainant had had the effect of neutralising the trial Judge's attempt to ensure that all reasonable steps were taken to procure evidence from the Complainant prior to consideration of the hearsay provisions of the Criminal Justice Act 2003. Had the correct steps been taken by the Crown Prosecution Service then the provisions of s.114(1)(d) should have been, at least, capable of covering the facts of this case when the Complainant refused to give evidence at the trial, however, the aforementioned letter from the Crown Prosecution Service to the Complainant had precluded a proper consideration of the Statutory requirements.