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25 September 2018 / Athelstane Aamodt
Issue: 7810 / Categories: Features , Criminal
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The court of public opinion

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Athelstane Aamodt is not bowled over by the binary choice of guilty or not guilty

  • Should English criminal courts have a third choice of verdict like the Scots, or even seven like the Italians?

The acquittal of the England and County Durham cricketer Ben Stokes last month of affray has raised some interesting questions about what an acquittal means in reality for a defendant. Stokes, despite being acquitted and therefore not guilty of anything criminal whatsoever, was nonetheless shown on footage taken from CCTV cameras in central Bristol on the evening in question punching Ryan Hale in the face before Hale fell to the ground, apparently unconscious. Hale’s friend Ryan Ali (a co-defendant in the trial and also acquitted) was left with a broken eye socket and heavy swelling to his face following the fight. Stokes’s acquittal for affray—the only offence with which he was charged—did not, it seems, secure him an acquittal in the court of public opinion on the basis of the responses from sports writers and commentators.

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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