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Category: Crime

Crime Extradition General International Public and civil law

After Elgizouli: what does the judgment mean for mutual legal assistance?

Alex du SautoyPosted on 1st June 2020 by Alex du Sautoy
In Elgizouli v Secretary of State for the Home Department [2020] UKSC 10, a seven-Justice Supreme Court held that the provision of material by way of mutual legal assistance to...
Crime General

Dateline 2120: Will everyone be not guilty by reason of diminished responsibility?

Tim Cray QCPosted on 28th May 2020 by Tim Cray QC and Esther Schutzer-Weissmann
What is left of guilt if science can explain a defendant’s actions? We may be a long way yet from understanding all human behaviour, but recent developments in the law...
Crime General International

Overseas Production Orders – A New Tool to Obtain Foreign Electronic Evidence

Gareth Patterson QCPosted on 25th May 2020 by Gareth Patterson QC and Karl Laird
Introduction For years, prosecutors and defenders have acted in the confident knowledge that obtaining certain types of important electronic evidence from overseas in time for use at trial has been...
Crime General

Applications to dismiss – what’s the charge?

Paul JarvisPosted on 18th May 2020 by Paul Jarvis
On 28 February 2020, an Old Bailey jury acquitted Roger Jenkins, Tom Kalaris and Richard Boath of offences of conspiracy to commit fraud during a period when they were senior...
Crime General Public and civil law

The impact of Coronavirus, part 5: the Coronavirus Act 2020

Annie FendrichPosted on 16th April 2020 by Annie Fendrich and Joshua Underwood
As Hippocrates remarked at the height of the Plague of Athens in 430BC, desperate times call for desperate measures[1]. The deadly coronavirus has brought forth desperate measures almost everywhere, and...
Crime General Regulatory

The impact of Coronavirus, part 3: the emergency criminal offences

Vincent ScullyPosted on 6th April 2020 by Vincent Scully
The current pandemic has led to a flood of emergency legislation. This post deals with The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (SI 2020 No. 350) made under the...
Crime General

The impact of Coronavirus, part 2: attending hearings in the Crown Court remotely

Tom WilliamsPosted on 2nd April 2020 by Tom Williams
On 25 March 2020, the Coronavirus Act 2020 (‘the 2020 Act’) was given Royal Assent. Most of its provisions came into force immediately (s. 87). Almost all of them will...
Crime

‘Full of sound and fury, Signifying nothing’?

Jonathan Hall QCPosted on 20th February 2020 by Jonathan Hall QC and Dan Pawson-Pounds
It has long been recognized in English law that it is no defence to a breach of an order of the court to assert that the order itself was invalid [1]....
Crime International

The luck of the law – when is criminal conduct a matter of concern to the international community?

Alex du SautoyPosted on 11th February 2020 by Alex du Sautoy
Certain crimes transcend the territorial confines of any State and become a matter of concern to the world as a whole. In those cases, where a domestic prosecution is not...
Crime General

Causation and Cleopatra’s nose

David Perry QCPosted on 5th December 2019 by David Perry QC and Tom Williams
A nose can be a curious thing: so too causation. I In his Pensées (1669), published from an array of notes following his death, Blaise Pascal expressed a characteristically interesting view...

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