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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Criminal Division) Decisions >> Cox, R v [2012] EWCA Crim 549 (01 March 2012) URL: https://www.bailii.org/ew/cases/EWCA/Crim/2012/549.html Cite as: [2012] 2 Cr App R 6, [2012] EWCA Crim 549 |
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CRIMINAL
DIVISION
The Strand London WC2A 2LL |
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B e f o r
e :
(Lord Judge)
MRS JUSTICE MACUR DBE
and
MR JUSTICE SAUNDERS
____________________
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- ![]() ![]() |
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ANTHONY ![]() ![]() ![]() |
____________________
Wordwave International Ltd (a Merrill Communications Company)
165 Fleet Street, London EC4
Telephone No: 020 7404 1400; Fax No: 020 7404 1424
(Official Shorthand Writers to the Court)
Miss F Gerry appeared on behalf of the Crown
____________________
VERSION
OF JUDGMENT
Crown Copyright ©
Thursday 1 March 2012
THE LORD CHIEF JUSTICE:
"My impression of this defendant and his abilities has changed and matured during my involvement in this case. It has now been informed by my hearing the police interview tape, reading
a bundle of
reports,
including Mr Hendy's, and hearing Dr Latham."
"Taking into account the steps that can be taken in the youth court will the claimant be able effectively to participate in his trial?"
Judge Head underlined the use in that quotation of the word "effectively". He examined "a complete raft
of procedural modifications to the ordinary trial process" which would be appropriate in the situation which now obtained. These included short periods of evidence, followed by twenty minute breaks to enable the appellant to
relax
and his counsel to summarise the evidence for him and to take further instructions. The evidence would be adduced by means of
very
simply phrased questions. Witnesses would be asked to express their answers in short sentences. The tape-
recordings
of the interview should be played, partly to accustom the jury to the appellant's patterns of speech, and also to give the clearest possible indication of his defence to the charge. For this purpose it was an agreed fact before the jury that "Anthony
Cox
has complex learning difficulties. He could understand simple language and pay attention for short periods". This was a carefully crafted admission to ensure that proper allowances would be made for the difficulties facing the appellant without creating any
risk
that the jury might
reflect
on the evidence in the context of the question of whether or not the appellant was potentially dangerous.