header-logo header-logo

23 September 2022
Issue: 7995 / Categories: Legal News , Criminal
printer mail-detail

NLJ this week: Tweaking of statutory tests on criminal appeals a ‘waste of time’

94630
Proposals for the Law Commission to review the laws governing appeals for criminal cases come under the scrutiny of Michael Zander KC, in this week’s NLJ.

In a fascinating and informative article, Professor Zander warns the issues that will dominate the review are predictable and a waste of time for everyone involved.

Zander writes: ‘Altering the statutory test was tried in 1968 and again in 1995 to no effect. There was nothing wrong with the test in the 1907 Act or the 1968 Act or the 1995 Act (the original 1907 formulation was perhaps the best). The problem lies not in the formulation of the test, but in the Court of Appeal’s approach to the test. Argument over tweaking of the statutory test is a waste of everyone’s time.’

He notes that the Criminal Appeal Act 1907 gave the convicted person ‘the possibility of persuading the Court of Appeal that the jury got it wrong. The unfortunate reality is that the plain import of this has never been accepted by the judges’.

Issue: 7995 / Categories: Legal News , Criminal
printer mail-details

MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll