header-logo header-logo

03 January 2008
Issue: 7302 / Categories: Case law , Law digest , In Court
printer mail-detail

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
printer mail-details

MOVERS & SHAKERS

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Behind the profession’s polished exterior, lawyers are ‘internally drained rather than physically tired’, according to a stark assessment of burnout in legal practice
Five years after the Domestic Abuse Act 2021 came into force, concerns remain that the family courts continue to minimise allegations of abuse in child contact disputes
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
back-to-top-scroll