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22 February 2007 / Jonathan Rogers
Issue: 7261 / Categories: Features , Human rights
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Revisiting Stockwell

Dr Jonathan Rogers considers the relationship
between Article 2 and the law of crime prevention

We are familiar with the fatal shooting of Jean Charles de Menezes, who was mistaken by police for a suicide bomber at Stockwell tube station on 22 July 2005. After a lengthy investigation by the Independent Police Complaints Commission, the Crown Prosecution Service (CPS) took the view that it could not realistically expect to disprove the officers` anticipated defence of the prevention of crime under the Criminal Law Act 1967 (CLA 1967), s 3.
The cousin of de Menezes then sought judicial review of the decision not to prosecute the police officers involved in the shooting for murder or manslaughter. The application was heard on its merits but was unsuccessful (see R (on the application of da Silva) v DPP [2006] EWHC 3204 (Admin), [2007] NLJR 31, [2006] All ER (D) 215 (Dec)). To many, this was unsurprising. Since those who plead the prevention of crime are judged—in criminal cases—on the facts as they believed them to be, even if they

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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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