header-logo header-logo

13 September 2024 / Edward Grange
Issue: 8085 / Categories: Features , Criminal
printer mail-detail

Friend or foe? Co-accused & section 34

188868
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

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

Debevoise & Plimpton—Mary Lavelle

Debevoise & Plimpton—Mary Lavelle

Debevoise expands London secondaries team with addition of Mary Lavelle

Excello Law—Hestia Private Client

Excello Law—Hestia Private Client

Excello Law welcomes ex-Irwin Mitchell team to launch Hestia Private Client

Carpmaels & Ransford—Christopher Stothers

Carpmaels & Ransford—Christopher Stothers

Heavyweight patent litigator will bolster Carpmaels Ransford’s rapidly growing Litigation team as firm marks its 250th anniversary

NEWS
Lawyers have welcomed plans to create specialist rape and serious sex offences courtrooms at every Crown Court
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
back-to-top-scroll