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LADY JUSTICE RAFFERTY DBE MR JUSTICE MACKAY and HIS HONOUR JUDGE LORAINE-SMITH (Sitting as a Judge of the Court of Appeal Criminal Division) ____________________
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Mr C Eadie appeared on behalf of the Applicant Mr L Tucker appeared on behalf of the Crown ____________________
The evidence he declined to admit came nowhere near reprehensible behaviour as envisaged in section 112(1) of the Criminal Justice Act 2003 which was, or now is, relied upon. In any event they lack substantive probative value, as contemplated by section 100(1)(b). Accordingly, his reasoning was correct, as the Single Judge said.
It is true that the introduction into that comment of some qualification would have been wise but, that said, it is difficult to see how it is other than unexceptionable.
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Common Room
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