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Crime brief: 28 April 2023

28 April 2023 / David Walbank KC
Issue: 8022 / Categories: Features , Procedure & practice , Criminal
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David Walbank KC reports on anthropomorphism in court & the legal protections accorded to animals
  • Limits of the criminal law.
  • Sexual harm prevention orders.
  • Public protection.

In the heyday of the print media, budding young Marshall Halls would compete to see whose cases could generate the most lurid Evening Standard headlines. My own personal best was a billboard appearing on news stands across the metropolis, which barked out the news of the hour: ‘Stay of Execution for Devil Dog!’

I had been instructed by animal rights campaigners (with the vocal support of Carla Lane, the much-loved creator of The Liver Birds and Bread) to seek what was literally a stay of execution for Otis. Otis was a wholly innocent puppy, who had the great misfortune to be spotted by an ever-vigilant constable in the back of my client’s white van as it sped along the Blackwall Tunnel Northern Approach Road. The problem was threefold: the officer thought that Otis looked suspiciously like ‘a

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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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