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28 November 2025
Issue: 8141 / Categories: Legal News , Constitutional law , Criminal , Procedure & practice , Rule of law
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NLJ this week: When procedure is power

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Writing in NLJ this week, Manvir Kaur Grewal of Corker Binning analyses the collapse of R v Óg Ó hAnnaidh, where a terrorism charge failed because prosecutors lacked statutory consent. The case, she argues, highlights how procedural safeguards—time limits, consent requirements and institutional checks—define lawful state power

Under the Terrorism Act 2000 and Magistrates’ Courts Act 1980, proceedings must begin within six months and only with prior authorisation from the Director of Public Prosecutions or Attorney General. Westminster Magistrates’ Court found the charge a nullity: no consent, no jurisdiction.

Grewal calls this no technical quibble, but a constitutional necessity ensuring accountability and proportionality. Defence lawyers, she argues, should treat such procedural analysis as central, not peripheral, to the rule of law.

Procedure, she concludes, is the Constitution.

MOVERS & SHAKERS

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

DWF—11 appointments

DWF—11 appointments

DWF strengthens North West teams with 11 newly qualified solicitors

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
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