header-logo header-logo

14 February 2008
Issue: 7308 / Categories: Case law , Legal services , Profession , Law digest
printer mail-detail

CRIMINAL LITIGATION

R v Clarke [2008] UKHL 8, [2008] All ER (D) 69 (Feb)

Without an indictment there cannot be a valid trial and, on the express language of the Administration of Justice (Miscellaneous Provisions) Act 1933, s 2(1) the only step which changes a draft indictment into an indictment is the signing of it by the proper officer of the court.

 

Accordingly, that step is indispensable, and R v Morais [1988] 3 All ER 161 was correctly decided. There is no basis upon which the court in R v Ashton [2007] All ER (D) 19 (Feb) could properly depart from Morais, which was clearly binding on it. In the present case, the appellants had been arraigned and tried without a valid indictment; the addition of a signature at a very late stage could not “throw a blanket of legality over the invalid proceedings already conducted”.

 

Lord Bingham (para 20) added that the decisions in R v Sekhon[2006] 1 AC 368 and R v Soneji [2005] 4 All ER 321 are valuable and salutary, but the effect of the sea change which they wrought has been exaggerated and they do not warrant a wholesale jettisoning of all rules affecting procedure, irrespective of their legal effect.

 

Issue: 7308 / Categories: Case law , Legal services , Profession , Law digest
printer mail-details

MOVERS & SHAKERS

Osbornes Law—Alex McMahon, Andrew Middlehurst & Harriet McMorrin

Osbornes Law—Alex McMahon, Andrew Middlehurst & Harriet McMorrin

Homegrown hat-trick: Osbornes Law promotes three former trainees to partner

mfg Solicitors—Sarah Bradford

mfg Solicitors—Sarah Bradford

Partner arrival boosts law firm’s growing real estate team

Freeths—David Smith

Freeths—David Smith

Freeths secures major tax hire with appointment of David Smith

NEWS
The Supreme Court has clarified the scope of a director’s duty, in a case where a chairman’s good intentions went awry due to the pandemic
Digital fraud is ‘baffling policymakers, investigators, prosecutors and enforcers’, leaving ‘a massive justice gap’, the author of a government-commissioned independent review has warned
Richard Lloyd’s independent review of the Legal Services Board (LSB) has delivered a devastating verdict, accusing the super-regulator of having ‘lost its way in recent years’
The House of Commons has passed the Hillsborough Law, in a historic achievement for campaigners, survivors and families of those who died in the 1989 stadium collapse
Judicial statistics show a steady rise in the number of female judges and Asian and mixed ethnicity judges in the past ten years—however, progress in terms of representation has stalled for both Black lawyers and for solicitors
back-to-top-scroll