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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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NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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