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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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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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