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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

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The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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