header-logo header-logo

09 March 2007
Issue: 7263 / Categories: Case law , Law digest
printer mail-detail

CRIMINAL LITIGATION

Malcolm v DPP [2007] EWHC 363 (QB), [2007] All ER (D) 344 (Feb)

The issue was whether or not the magistrates, who had retired to consider their verdict, and had announced their decision adverse to the prosecution on a point raised by defence counsel in her final speech, were entitled to permit the prosecution to call further evidence to meet that point.

HELD Criminal trials are no longer to be treated as a game, in which each move is final and any omission by the prosecution leads to its failure. It is the duty of the defence to make its defence and the issues it raises clear to the prosecution and to the court at an early stage.

Even in a relatively straightforward trial in the magistrates’ court—where there is no requirement of a defence statement or a pre-trial review—it is the duty of the defence to make the real issues clear, at the latest, before the prosecution closes its case.

Following Webb v Leadbetter [1966] 2 All ER 114, magistrates have a discretion to receive further

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll