UK “Magnitsky provisions” – time for a change?
Since the events that unfolded in Salisbury last week, there have been calls to introduce into UK law a version of the so-called "Magnitsky Act" that was enacted in the...
Weekly Digest: 12 March 2018
This week’s Digest considers two judgments of the Divisional Court. First, a judicial review challenge to a search warrant obtained under s. 23 of the Misuse of Drugs Act 1971,...
Weekly Digest: 6 March 2018
This week's Digest examines two cases. The first considers whether a tactical decision not to apply to have the jury discharged meant that the defendant's conviction for robbery was unsafe. The second examines whether...
First unexplained wealth orders made by the High Court
Section 1 of the Criminal Finances Act 2017 added a new investigative tool to the Proceeds of Crime Act 2002 (sections 362A to 362I)(“the Act”). The new measure, known as...
Electronic data: does the long arm of the law reach across continents?
When Lord Halsbury stated in 1891 ‘all crime is local’, he cannot have foreseen the complications and challenges created by technological advances. Commonly understood notions of territoriality and jurisdictional scope...
Weekly Digest: 26 February 2018
This week’s Digest examines two cases. In the first the Supreme Court considered the extent of the police’s positive obligation to investigate crimes reported by individuals. In the second, the...
Weekly Digest: 19 February 2018
This week’s Digest considers a decision of the Divisional Court quashing a conviction on the basis that the evidence on which the conviction was based should have been excluded by...
Caparo revisited: Supreme Court clarifies scope of police duty of care
Last week, in a landmark judgment, the Supreme Court held that the police do not have blanket immunity from suit in respect of their conduct in investigating or preventing crime, but owe...
Weekly Digest: 12 February 2018
In this week’s Digest, we examine two recent Court of Appeal (Criminal Division) judgments. In the first, the Court of Appeal confirmed the scope of the availability of a writ...
The Forum Bar – a new lease of life?
Yesterday Lauri Love won a famous victory in his on-going fight to resist extradition to the United States. In allowing his appeal, the High Court has breathed new life into...