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CRIMINAL LITIGATION

14 March 2008
Issue: 7312 / Categories: Case law , Law digest
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R (on the application of Choudhry) v Birmingham Crown Court [2007] EWHC 2764 (Admin), [2007] All ER (D) 417 (Oct)

The court considered a number of issues relating to bail and sureties, holding that:

(i)                   the jurisdiction of the magistrates to grant bail does not extend beyond the first occasion on which a defendant surrenders to the crown court;

(ii)                 it is both possible and lawful for a recognizance in crown court proceedings to be expressed as continuous until the conclusion of proceedings in the crown court;

(iii)                an order varying the conditions of bail, unconnected with the sureties in question, does not give rise to the need for sureties to be taken afresh;

(iv)                assuming that a defendant on bail is then allowed to continue on bail, whether on the same or varied terms, that amounts to a fresh grant of bail;

(v)                  provided the recognizances were in terms which made it clear that they continued to bind the surety until the end of the trial, they remain in force so long as bail is granted

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
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Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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