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03 January 2008
Issue: 7302 / Categories: Case law , Law digest , In Court
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Criminal Evidence

T v DPP [2007] EWHC 1793 (Admin), [2007] All ER (D) 133 (Jul)

The court summarised the approach to be taken in a case where a magistrates’ court is considering whether or not to draw adverse inferences from failure to answer police questions in interview.

 

HELD The justices should ask themselves three questions.

 

(i) Has the defendant relied in his defence on a fact which he could reasonably have been expected to mention in his interview, but did not? If so, what is it?

 

(ii) What is his explanation for not having mentioned it?

 

(iii) If that explanation is not a reasonable one, is the proper inference to be drawn that he is guilty?

[In the crown court, the jury should of course be directed to ask themselves the same questions.]

Issue: 7302 / Categories: Case law , Law digest , In Court
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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

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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