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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll