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30 April 2021
Issue: 7930 / Categories: Legal News , Disclosure , Technology , Criminal
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NLJ this week: Justice in the age of the smartphone

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There’s a new legislative tool in town and it could be a game changer for criminal lawyers, Kingsley Napley criminal litigation partners Sandra Paul and Rebecca Niblock write in NLJ this week.

New guidance and a recent case address the vexing issues of whether a complainant should be required to give their mobile phone to investigators and how the police and prosecution should handle such vast reams of data.

‘From a defence lawyer’s perspective, [the case’s] (implicit) weighing of the Art 8 rights of complainants against suspects’ right to fair trial has tipped the scales into potential injustice,’ they write.

‘If no complaint or judicial notice arises from a complainant deliberately deleting relevant data, it is difficult to see how the right to a fair trial is preserved for the defendant.’

Paul and Niblock take a comprehensive look at the questions that arise and the potential approaches available.

Issue: 7930 / Categories: Legal News , Disclosure , Technology , 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

NEWS
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
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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