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31 January 2008 / Adrian Keane
Issue: 7306 / Categories: Features , Legal services , Procedure & practice , Profession
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Flawed Reasoning

The issues raised in R v. Cambell need to be reviewed by the House of Lords, says Adrian Keane

R v Anderson [1988] QB 678, [1988] 2 All ER 549, Lord Lane CJ described the Criminal Evidence Act 1898 (CEA 1898), s 1, with justification, as “a night­mare of construction”. No such concerns were expressed by Lord Phillips CJ in R v [2007] EWCA Crim 1472, [2007] All ER (D) 309 (Jun), when construing the new bad character provisions in the Criminal Justice Act 2003 (CJA 2003). However, the decision in that case is likely to prove highly controversial in three important respects.

A good character direction has two limbs: first, that good character is relevant to cred­ibility; and second, that good character has probative value in relation to the issue of guilt, in that a person of good character is less likely to have committed the offence.

Before Campbell, it was well established that a good character direction will be of some value in every case

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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