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23 September 2022
Issue: 7995 / Categories: Legal News , Criminal
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NLJ this week: Tweaking of statutory tests on criminal appeals a ‘waste of time’

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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
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NLJ Career Profile: Nikki Bowker, Devonshires

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Firm strengthens commercial team in Manchester with partner appointment

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The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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