Regina v Brown, [1997] 1 Cr App R 112
Citation: Regina v Brown, [1997] 1 Cr App R 112
Link to case on WorldLII (reference).
Rule of thumb: If a person lists a witness for a case, do they have to call them? No, a person does not have to call all their witnesses & can have people there as a red herring – this is a valid litigation tactic.
Judgment:
‘The law does not insist that the prosecution are obliged to call a witness for no purpose other than to assist the defence in its endeavours to destroy the Crown’s own case. Such a course would merely serve to confuse a jury. The Crown’s obligation is to make such witnesses available to the defence so that the defence can call them if they choose to do so. The jury will then be clear that evidence is led by the party who wishes to rely upon it and can be tested by cross-examination by the other party, if that party wishes to challenge the evidence.’
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.