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Although both the law surrounding human rights and the use of judicial review to uphold it have grown exponentially in the UK in recent times, there are still plenty of jurisdictions where even fundamental principles of justice are not respected with any consistency.
The right of a person to discuss certain matters with their lawyer, no matter how nefarious, without fear of their confidence being broken is one that has been recognised since the 16th Century.
By James Chegwidden
When can a party be said conclusively to have conceded a point, and how should lawyers deal with concessions or apparent concessions?
A discussion on when and if the Crown Prosecution Service should be able to take over and put a stop to private prosecutions.
One aspect of the debate surrounding the Bribery Act 2010 has been its broad extra-territorial reach.
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.
By Zoe Jacob
In September 2011 the Law Commission published ‘Simplification of Criminal Law: Kidnapping – A Consultation Paper'’.
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.
In a recent report, "Joint Enterprise1" the Commons Justice Select Committee recognised particular problems with the operation of the common law doctrine of joint enterprise and murder.
On 25th October 2011, the Court of Appeal (Lord Chief Justice, Henriques J., Gloster J.) issued its judgment in R v Clinton (Jon-Jacques) [2012] EWCA Crim 2.
Suppose that a convicted drug trafficker is found to have benefited from his trafficking to the extent of £1m but, having at the time realisable property worth only £100,000, a confiscation order is initially made against him just for this lesser sum.
The prevailing view within the Criminal Justice System is that MDOs who are afflicted with a disorder at the time of the offence and/or at the time of trial, should be dealt with differently to ordinary offences, namely via diversion to the NHS through the Mental Health Act.
On 15th December 2011, the European Court of Human Rights issued its final judgment in Al-Khawaja and Tahery v. United Kingdom.
By Will Hays
A defendant’s ‘benefit’ from criminal conduct is the proceeds of his crime, not his net profit.
By Esther Schutzer-Weissmann
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.