20 October 2016

Brexit Briefing No. 4 (Part 2)

In Part II of Brexit Briefing No. 4, we consider issues arising in respect of police cooperation and specifically the future of information sharing arrangements between EU and UK forces.

12 October 2016

Brexit Briefing No. 4 (Part 1)

In the fourth of our Brexit Briefings (the first of two parts), we consider the future of UK / EU policing cooperation, in particular the relationship between UK and EU agencies and aspects of EU law...

5 September 2016

Brexit Briefing No. 3

In the third of our Brexit Briefings, we consider the impact of the decision to withdraw on the EU's regime of economic sanctions. It considers both the legal consequences of withdrawal and the...

13 July 2016

Brexit Briefing No. 2

In the second of our Brexit Briefings, we consider the implications for extradition: the impact of the withdrawal process and the options for post-EU extradition arrangements.

4 July 2016

Brexit Briefing No. 1

In our 6KBW Brexit Briefing No. 1, the first in a series of papers on Brexit and the criminal law, we consider some of the high level implications for the referendum and some of the factors which may...

16 July 2015

Recent Developments in Extradition Law

Published in the Criminal Law Review (Issue 7, 2015), in Recent Developments in Extradition Law, Ben Lloyd, Rosemary Davidson and Adam Payter discuss extradition law and practice in the 11 years...

8 July 2015

Deferred Prosecution Agreements: A Practical Consideration

In this article on Deferred Prosecution Agreements, published in the Criminal Law Review (Issue 6, 2014), Mark Weekes and Michael Bisgrove consider the new regime and some of the issues arising in...

6 July 2015

Conspiracy to Defraud: A Siren to Lure Unwary Prosecutors

Published in the Criminal Law Review (Issue 10, 2014),  Conspiracy to Defraud - A Siren to Lure Unwary Prosecutors explores some of the difficulties arising with the offence in the light of the...

6 July 2015

The Use and Abuse of Conspiracy

Written by Paul Jarvis and Michael Bisgrove, and published in the Criminal Law Review (Issue 4, 2014), The Use and Abuse of Conspiracy  considers the way in which the statutory offence of...

9 May 2013

Admissibility of Evidence Obtained in Breach of Section 30 PACE

This article explores the practical uses of the Court of Appeal’s decision in R v King EWCA Crim 805 (Pitchford LJ, Cox and Burnett JJ), in which the Court was asked to decide a novel point...

9 May 2013

Case Management

‘Proof by Case Management’ and Other Myths about the Criminal Procedure Rules The age of ambush may be over, but the principle remains that the prosecution must always prove its case. It is...

9 May 2013

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. The...

6 May 2012

The Law on Kidnapping: A Response to the Law Commissions Consultation Paper

The Consultation Paper In September 2011 the Law Commission published ‘Simplification of Criminal Law: Kidnapping – A Consultation Paper ’. The paper formed part of the on-going...

9 January 2012

Absent Witnesses

On 15th December 2011, the European Court of Human Rights issued its final judgment in Al-Khawaja and Tahery v. United Kingdom. Sitting as a 17-judge Grand Chamber, it partially reversed its own...

9 January 2012

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...

14 October 2011

Restraint Orders: Payments to Third Party Creditors

Introduction 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. The third party may seek advice...

27 September 2011

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...

7 June 2011

Secondary Parties Crime

Secondary liability in the criminal law The issue of criminal liability for encouraging or assisting another person to commit an offence is a complex and difficult area. The issue is important...

1 June 2011

Mortgage Fraud

Valuing the Proceeds of Crime in 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...

12 May 2011

Shrien Dewani: A guideline Case on Extradition and Mental Health?

Shrien Dewani: A guideline case on Extradition and Mental Health? Shrien Dewani, the man accused of arranging for the murder of his wife during a South African honeymoon, is said to be suffering...

12 May 2011

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. The recent case of Harvey v Director of...