Criminal Defence in a kidnapping and torture case in which the Judge made a significant ruling applying new (hearsay) provisions: R-v-M & T-C

David Phillips and Partners criminal solicitors were involved in one of the first cases to establish how the “hearsay” provisions enacted under the Criminal Justice Act 2003 would operate in practice, leading to a greater understanding of the Act for solicitors and barristers throughout England & Wales.

The Defendants were charged with the kidnap and torture of rival gang members. Unusually, all the alleged victims refused to attend court to give evidence at the trial.

As a consequence, the Judge made a significant ruling that he would allow the victims’ written statements to be read out in court but that the defence could not challenge them. This ruling has often been referred to in similar situations since by criminal lawyers.