I would have written a shorter skeleton argument, but I did not have the time…
It now appears settled that the quotation “I would have written a shorter letter, but I did not have the time” dates back to the 17th century and to Blaise...
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...
‘Bufflehead’ and ‘Coxcomb’: Bushel’s Case
According to Clarendon, Sir John Kelyng (pronounced ‘Keeling’) was ‘a person of eminent learning, eminent suffering, never wore his gown after Rebellion, and was always in gaol’. As a judge,...
Drill music as bad character evidence
Introduction The past decade has seen the emergence of ‘drill music’ content increasingly used by the prosecution in criminal trials involving young, black, male defendants accused of gang-related offences. The...
Maintaining public order vs. the right to protest – the Police, Crime, Sentencing and Courts Bill
The recent riots in Bristol and the police response to the Sarah Everard vigil have both served to spark a wider debate on the proper parameters that the legislature should...
“Egregious” failings in expert evidence: a shot across the bows from the Court of Appeal (Criminal Division)
The conjoined appeals in R v Byrne and ors. [2021] EWCA Crim 107 related to the safety of convictions arising from separate trials in which the Crown had instructed the same expert,...
The Mangrove Nine and the history of English juries
Criminal lawyers watching Steve McQueen’s Mangrove on the BBC last year may have raised an eyebrow or two during the scenes at the Old Bailey. Lawyers are used to seeing...
Remote Courts – a view from home and abroad (Part 2)
Our previous post reviewed the use of remote courts in domestic criminal proceedings and considered how the sharp increase in the courts’ use of technology may continue after the current...
The end of the jury trial as we know it?
The Secretary of State for Justice recently confirmed that the government is considering whether to introduce primary legislation to suspend jury trials for offences triable either way as a way...
Remote courts – a view from home and abroad (Part 1)
The coronavirus pandemic has led to a significant change in how courts conduct their business, both here and abroad. This post considers the position in respect of the use of...