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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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NEWS

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Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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