R v Byrne

Criminal evidence – Identity. The Court of Appeal, Criminal Division, in dismissing the defendant's appeal against conviction, held that, despite purported identification evidence of the defendant having been obtained by a detective constable in breach of para 3.12 of Code D, issued under the Police and Criminal Evidence Act 1984, the judge had been right, in all the circumstances, to have left the evidence to the jury, as it would have been for it to decide the weight to give to that evidence. Further, the judge had, in his summing-up to the jury, sufficiently provided it with how to address the reliability of the purported recognition. In any event, there had been a substantial array of evidence, other than the purported identification, that implicated the defendant.

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