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The Law on Kidnapping: A Response to the Law Commission’s Consultation Paper
In September 2011 the Law Commission published ‘Simplification of Criminal Law: Kidnapping – A Consultation Paper ’...Read more
Parliamentary intervention on joint enterprise murder
In a recent report, “Joint Enterprise ” the Commons Justice Select Committee recognised particular problems with the operation of the common law doctrine of joint enterprise and murder....Read more
Admissibility of Evidence Obtained in Breach of Section 30 PACE
This article aims to explore the practical utility of the Court of Appeal’s decision in the recent case of R v. King [2012] EWCA Crim 805 (Pitchford LJ, Cox J & Burnett J, dated 27th April 2012)...Read more
The Refugee Defence
In the summer of 2011 the Court of Appeal quashed the conviction of an appellant who had entered the United Kingdom on false identity documents and had as a result been charged and convicted by her plea of an offence under section 25(1) of the Identity Cards Act 2006....Read more
Section 5 of the Public Order Act 1986: The impact of Harvey v DPP
The broad scope and low threshold of the offence under section 5 of the Public Order Act 1986 makes it frequently prosecuted and familiar to practitioners....Read more
Absent Witnesses – Al-Khawaja Revisited
On 15th December 2011, the European Court of Human Rights issued its final judgment in Al-Khawaja and Tahery v. United Kingdom...Read more
Restraint Orders: Payments to Third Party Creditors
A problem frequently encountered in the context of restraint orders arises where a defendant subject to a restraint order owes a debt to a third party....Read more
Defence Disclosure in the Magistrates' Court
Most, if not all, cases in the magistrates’ court will be governed by the provisions of the CPIA 1996, as amended by the Criminal Justice Act 2003. These amendments came into force on the 4th April 2005....Read more
Srien Dewani Article
Shrien Dewani, the man accused of arranging for the murder of his wife during a South African honeymoon, is said to be suffering from Post Traumatic Stress Disorder and there are unconfirmed reports of a suicide attempt....Read more
Secondary Parties Crime
The issue of criminal liability for encouraging or assisting another person to commit an offence is a complex and difficult area....Read more
Mortgage Fraud
Of every 10,000 applications for a mortgage, as many as twenty seven are fraudulent . Such frauds are more likely to be discovered during a period of economic decline, such as now....Read more
Case Management
It is clear that the introduction of the Criminal Procedure Rules (‘the Rules’) has had a significant impact on criminal litigation....Read more