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09 January 2026
Issue: 8144 / Categories: Legal News , Criminal
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NLJ this week: When silence speaks volumes

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Is a suspect’s state of mind a ‘fact’ capable of triggering adverse inferences? Writing in NLJ this week, Andrew Smith of Corker Binning examines how R v Leslie reshapes the debate

The Court of Appeal confirmed that mental state can indeed be a ‘fact’ under s 34 of the Criminal Justice and Public Order Act 1994. Yet it also suggested that, in most cases, suspects cannot reasonably be expected to articulate the mental element during interview.

Smith questions how far that generalisation holds, particularly in financial crime, where intent is often the battleground. Drawing on cases such as R v Black, he shows how bare denials can be fatal if later expanded at trial. Prepared statements, long treated as a safe default, emerge as a double-edged sword.

The article offers a practical warning: interview strategy must be tailored to the evidence, not comfortingly formulaic.

Issue: 8144 / Categories: Legal News , Criminal
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MOVERS & SHAKERS

Excello Law—Stephen Morrall

Excello Law—Stephen Morrall

Excello welcomes Stephen Morrall to Anglo-German team

Lawfront—Peter Martin-Simon

Lawfront—Peter Martin-Simon

Lawfront appoints new Chief Executive Officer to steer the business through the next phase of growth

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland strengthens top-ranked pensions practice with appointment of former global head of pensions

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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
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