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02 August 2007 / Paul Firth
Issue: 7284 / Categories: Features , Media , Profession
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Picture of innocence

The presumption of innocence is being eroded by
the press and politicians, says Paul Firth

“Throughout the web of the English Criminal Law one golden thread is always to be seen, that it is the duty of the prosecution to prove the prisoner’s guilt.” For those who thought that was a quotation made up by John Mortimer, fitting both Rumpole’s most cherished submission and his propensity to use poetic language, perhaps I should explain that it is part of the judgment of the then lord chancellor in Woolmington v DPP [1935] AC 462, [1935] All ER Rep 1. In those days lord chancellors not only sat on important House of Lords’ cases, but they were also able to express themselves in such terms.

A SIMPLE PRINCIPLE

I still recall how forcefully I was struck by my own first encounter with the presumption of innocence. Even back then I thought that, if I was indeed to become a lawyer, I would have to work in the criminal law. I was hooked by the simplicity

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

HFW—Simon Petch

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Global shipping practice expands with experienced ship finance partner hire

Freeths—Richard Lockhart

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Infrastructure specialist joins as partner in Glasgow office

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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