ER, R v

LORD JUSTICE HUGHES (Vice President of the Court of Appeal Criminal Division) MR JUSTICE OWEN MRS JUSTICE THIRLWALL ____________________

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Miss E Nicholls appeared on behalf of the Appellant Mr M Leeming appeared on behalf of the Crown ____________________

He had then gone on to set out in some detail the decision of this court in MM [2007] EWCA Crim 1558 and the full text of the trial judge's warning in that case which this court had approved. Now, we add, that can conveniently and helpfully be read with the balancing decision of this court in Breeze [2009] EWCA Crim 255 in which, whilst the judge had been quite entitled to administer a warning, he had failed to apply to it the necessary balance.

MR LEEMING: My Lord, so far as a retrial is concerned, my learned friend, Miss Nicholls, will have some submissions to make. She touched upon them earlier about the question of the further delay that has happened since --