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23 February 2012 / Roger Smith
Issue: 7502 / Categories: Opinion , Human rights
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Home thoughts from abroad

Roger Smith reflects on three recent cases, two abroad & one at home

Canada has been engrossed in a recently concluded murder case where the evidence was obtained largely from wiretaps. These included a bug in a minivan, another in a domestic house, and a third on a mobile phone. Under the current state of domestic UK law, evidence from the first two might be admissible, the last would not. Its use is prohibited by the Regulation of Investigatory Powers Act 2000, s 17.

UK ministers’ justification for the ban on intercept evidence is hard to fathom. No other country is so hostile and avid watchers of crime dramas will remember that a large part of the plot of the hit US TV drama The Wire depended on getting judicial approval for telephone taps. The Canadian case shows just how useful interception can be and how weak the distinction is between bugs planted in a room with a telephone and within the telephone itself. The Canadian prosecution played the jury all the

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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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