CASE NO: 1
Mr Marquis and Mr Graham were convicted of kidnapping a young woman called Hannah Miles. She made a witness statement to the police in which she described what happened to her. The day before the appellants’ trial she ran away because she was too frightened to give evidence. Her statement was read to the court. A considerable body of oral evidence was also given at the trial. The Court of Appeal held that the appellants’ convictions did not rest on the evidence of Miss Miles “to a decisive extent”. The appellants challenge that finding by an appeal.

Miss Miles’ witness statement was admitted pursuant to sections of the CJA 2003, which makes admissible, subject to conditions, the statement of a witness who is unavailable to testify and give evidence due to substantial  fear.