R v Maxwell (Paul)

Subject Matter

CRIME — Court of Appeal (Criminal Division) — Order for retrial — Defendant convicted of robberies and murder — While serving prison sentence defendant admitting to having committed offences — Evidence subsequently emerging of prosecutorial misconduct in connection with defendant's trial — Criminal Cases Review Commission referring defendant's case to Court of Appeal — Court of Appeal quashing defendant's convictions and ordering retrial — Whether proper to order retrial — Criminal Appeal Act 1968, s 7(1) (as amended by Criminal Justice Act 1988, s 43(1)(2))

[2010] UKSC 48; [2011] 1 WLR 1837; [2011] 4 All ER 941; [2011] 2 Cr App R 448; [2011] WLR (D) 238; Case details, SC(E)

Commentary

Blackstones Criminal Practice 2025
Discretionary Exclusion under the Police and Criminal Evidence Act 1984, s. 78 - Unfairness Not Arising from Breach of Codes of Practice - Subterfuge in Interrogation and Non-disclosure F18.51

Abuse of Process: The Power to Stay Proceedings - Meaning of ‘Abuse of Process’ D3.66

Abuse of Process: The Power to Stay Proceedings - Abuse of Executive Power: Bringing Justice into Disrepute D3.105

Effect of Successful Appeal against Conviction - Decision to Order a Retrial D26.38

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