Category Archives: Criminal defence

Honesty is Not the Best Policy – The slow death of Acquisitive Crime’s Best Concept

There is no concept so simple and familiar to the proverbial passenger on the Clapham Omnibus that it can’t be rendered unintelligible by enough law. This applies even to one as fundamental as dishonesty. Everyone claims to know it when they encounter it. It was doubtless this consensus which placed dishonesty at the crux of […]

Peter Binning discusses anonymity for suspects and victims in criminal proceedings in The Brief

Consensus needed on naming criminal suspects There has never been a consensus on how anonymity for suspects and victims in criminal proceedings should work in practice. Two recent, widely reported cases – the dropped investigation into Sir Cliff Richard, and the two lawyers arrested following a sexual encounter outside Waterloo station – have illustrated the […]

Joint enterprise: reason restored in landmark Supreme Court judgment

On 18 February 2016, the Supreme Court handed down its much awaited judgment in the appeal of R v Jogee, which was consolidated with the Privy Council case of R v Ruddock. The Court, unanimously allowing the appeal, has marked a judicial shift from over 30 years of previous law. The appeals were brought by […]

Alex Davidson’s article on joint enterprise published in The Barrister

Joint enterprise: reason restored in landmark Supreme Court judgment On 18 February 2016, the Supreme Court handed down its much awaited judgment in the appeal of R v Jogee, which was consolidated with the Privy Council case of R v Ruddock. The Court, unanimously allowing the appeal, has marked a judicial shift from over 30 […]

SOCPA: Immunity, leniency and white collar criminals

This article considers the impact of sections 71 and 73 of the Serious Organised Crime and Police Act 2005 (SOCPA) on the sentencing of offenders in respect of criminal fraud offences. Based on a series of first instance and appellate sentencing judgments delivered during 2013-2015, it surveys the extent to which fraudsters who have assisted […]

Preparing witnesses: victim support or obstructing justice?

Where should the law draw the line between making sure a witness is adequately prepared to give of their best in court and ‘coaching’ them to give prepared answers? Where does a distinction emerge between preparing a proof of evidence for a witness, itself normal practice, and telling them what evidence they should give? A […]

Partner Robert Brown’s letter published in the Times re Legal Aid and Forensic Science

Legal Aid Cuts These reforms are socially divisive, self-defeating and undermine the justice system Sir, The cutbacks to legal aid and reduced funding to national forensic science capability are appalling. Criminal solicitors now find it uneconomical to attend police stations and complete investigations. For the justice secretary to suggest that City commercial law firms can […]