“The case was concerned with the situation where witnesses have made written statements which unambiguously support certain charges but, when they are called to give evidence, they in effect stand mute and refuse to answer any substantive questions. It prompted the court to consider whether such so-called ‘hostile silence’ entitles the prosecution to adduce the witnesses’ statements as hearsay evidence - either as previous inconsistent statements under s.119 of the Criminal Justice Act 2003 or in the interests of justice under s.114(1)(d)...”
ADDED Tuesday 4th May 2021
