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Res Gestae No Witness, No Problem

Speaker: John Lloyd Jones KC
Date: Spring 2025

CRIMINAL

John Lloyd-Jones is a highly experienced, in-demand trial strategist with expertise in the forensic analysis of evidence and in-court examination of witnesses. He is a highly experienced, in–demand specialist Criminal Barristers defending and prosecuting on the Midland and South Eastern Circuits in an array of high profile and multi-handed cases.

Here John presents on the legal concept of “Res Gestae” whereby statements made in the heat of the moment are admitted as evidence in court. He begins by outlining the concept, referring to relevant statute and case law, considering when these statements may be admitted as evidence. He gives advice on how to manage the use of Reg Gestae, for example, by making sure that the prosecution do the necessary groundwork in order to use such evidence.

Key words/topics

Criminal Justice Act 2003

Preservation of certain common law categories of admissibility

R v Donald Andrews [1987] A.C. 281

DPP v Joseph Barton [2024] EWHC 1350

R v Russell-Jones [1995] 1 Cr. App. R. 538

R v BOB and others [2024] EWCA Crim 1494 

Vilhete v CPS [2024] EWHC 2171 (Admin) [2025] Crim. L.R. 51

Wills v CPS [2016] EWHC 3779 (Admin) at [25]

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