Criminal offences and the inherent jurisdiction: a necessary evil?
In the recent case of Re T [2021] UKSC 35, the Supreme Court approved the use of the High Court’s inherent jurisdiction to authorise the deprivation of liberty of a...
Abuse of process in the Magistrates’ Court: When to make your move
What is the jurisdiction of a magistrates’ court to consider applications for a stay of a prosecution on the grounds of abuse of process? The simple and widely accepted answer...
Runaway companies: prosecuting a company in its absence
The jurisdiction to prosecute an individual in his or her absence is well established: the court must not proceed unless it is satisfied that the defendant has waived the right...
Criminal liability for removing children from school
In Isle of Wight Council v Platt [2017] UKSC 28, the Supreme Court considered the correct interpretation of section 444(1) of the Education Act 1996, and in particular the definition...