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31 May 2007
Issue: 7275 / Categories: Case law , Law digest
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CRIMINAL LITIGATION

R v Denton [2007] EWCA Crim 1111, [2007] All ER (D) 192 (Apr)

The Court of Appeal considered judicial interventions and questions in a trial on indictment in light of the guidance given in R v Sharp [1994] QB 261, [1993] 3 All ER 225 (per Lord Justice Stuart-Smith at page 273). 

HELD Judges must be free to clarify the true state of the evidence. There can be no fixed rules about when it is appropriate for a judge to intervene. All must depend on the facts of the individual case. Sustained questioning by the judge should be embarked on only with caution, having regard to the need for judicial restraint and the preservation both of impartiality and the appearance of impartiality. It does not however follow that even judicial interventions which of themselves might raise an eyebrow necessarily result in an unfair trial or an unsafe conviction. Such interventions or questions must be considered in the context of the evidence as a whole, of the conduct of the trial as a whole and also with regard to

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MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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