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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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

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Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
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