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13 September 2024 / Edward Grange
Issue: 8085 / Categories: Features , Criminal
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Friend or foe? Co-accused & section 34

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Adverse inference & failure to mention a fact… Edward Grange examines a case that may pave the way for similar defence strategies
  • Examines the case of R v Marsden and the ability of a co-accused to seek an adverse inference under s 34 of the Criminal Justice and Public Order Act 1994.
  • Considers how a failure to mention a fact when questioned could be utilised at trial not only by the Crown, but also by a suspect seeking to strengthen the case against their co-defendant(s).

Those familiar with criminal trials will be all too aware of the dangers of a co-defendant instigating a ‘cut-throat defence’, where that co-defendant gives evidence on his or her own behalf in order to strengthen the prosecution case against a fellow accused. A co-defendant who was once an ally strays off course and puts the blame for the offending squarely at the feet of their co-accused in order to seek to exonerate themselves. But as the old adage goes, ‘There is more than one way

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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