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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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
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
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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