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10 January 2014
Issue: 7589 / Categories: Case law , Law digest
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Evidence

R (on the application of Secretary of State for Home Department) v Southwark Crown Court [2013] All ER (D) 197 (Dec)

Section 13(1)(b) of the Crime (International Co-operation) Act 2003 should be read: “(1) Where a request for assistance in obtaining evidence in a part of the UK is received by the territorial authority for that part, the authority may...—(b) direct that a search warrant or order be applied for under or by virtue of section 16 or 17 or, in relation to evidence in Scotland, 18.” 

It was settled law that it was the task of the court to make sense of the text of the statutory provision read in its appropriate context and within the limits of the judicial role. The courts were ever mindful that their constitutional role in that field was interpretative. They had to abstain from any course which might have the appearance of judicial legislation. A statute was expressed in language approved and enacted by the legislature. Accordingly, the courts exercised considerable caution before adding or omitting or substituting words. Before interpreting a

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MOVERS & SHAKERS

Seddons GSC—Ben Marks

Seddons GSC—Ben Marks

Partner joins residential real estate team

Winckworth Sherwood—Shazia Bashir

Winckworth Sherwood—Shazia Bashir

Social housing team announces partner appointment

University of Manchester: The LLM driving tech-focused career growth

University of Manchester: The LLM driving tech-focused career growth

Manchester’s online LLM has accelerated career progression for its graduates

NEWS
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
Criminal juries may be convicting—or acquitting—on a misunderstanding. Writing in NLJ this week Paul McKeown, Adrian Keane and Sally Stares of The City Law School and LSE report troubling survey findings on the meaning of ‘sure’
The Serious Fraud Office (SFO) has narrowly preserved a key weapon in its anti-corruption arsenal. In this week's NLJ, Jonathan Fisher KC of Red Lion Chambers examines Guralp Systems Ltd v SFO, in which the High Court ruled that a deferred prosecution agreement (DPA) remained in force despite the company’s failure to disgorge £2m by the stated deadline
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
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