F8.50 – Views Flashcards
What is the term ‘view’ used to describe?
Both:
- an inspection out of court of some material object which it is inconvenient or impossible to bring to court (see, e.g., London General Omnibus Co. Ltd v Lavell [1901] 1 Ch 135 (an omnibus)).
- the locus in quo.
When should the viewing NOT take place?
Should not take place after the summing-up (see Lawrence [1968] 1 All ER 579, which was distinguished in Nixon [1968] 2 All ER 33, where the inspection was at the express request of the defence).
Who should attend the view?
- the judge
- the tribunal of fact
- the parties
- their counsel
- the shorthand writer
(a) In the magistrates, as a general rule, when should a visit to the ‘locus in quo’ take place?
(b) who should attend?
(c) why is this?
(a) Before the conclusion of the evidence.
(b) in the presence of the parties or their representatives.
(c) so as to afford them the opportunity of commenting on any feature of the locality which has altered since the time of the incident or any feature not previously noticed by the parties which impresses the magistrates (Parry v Boyle (1987) 83 Cr App R 310).
The presence of the accused is important because he or she may be able to point out some important matter of which the legal adviser is ignorant or about which the magistrates are making a mistake (Ely Justices, ex parte Burgess [1992] Crim LR 888). See also Gibbons v DPP (12 December 2000 unreported).
(a) Under CrimPD VI, para 26J.1, what must a judge produce ahead of a view?
(b) who must he have a conversation with before doing so?
(c) what must (a) contain?
(a) produce ground rules.
(b) the advocates.
(c) details of:
- what the jury should be shown
- in what order
- who will be permitted to speak
- what will be said
- a provision should be made for the jury to ask questions.
Further detailed guidance on the procedure to be followed in relation to planning, travel and at the view is set out in the Crown Court Compendium, ch. 2-5.
