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21 June 2018 / Alec Samuels
Issue: 7798 / Categories: Bar Council , Features , Criminal
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A very English scandal

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Alec Samuels shares his reflections on the legal significance of the Jeremy Thorpe case

The trial of Jeremy Thorpe, covered recently in the BBC drama, A Very English Scandal , took place nearly 40 years ago. The trial makes a good story and good drama, despite the passing of time. But what is the continuing legal significance of the case? Some of the legal issues have been resolved, some are still very much with us.

Conspiracy

In moral terms conspiracy to commit a serious crime is almost as bad as actually committing the crime, and involving others as well may be seen as an aggravating factor. However, to the jury the intention and the agreement will not seem as bad as an execution of the conspiracy. Furthermore, the execution, the act, would probably have been clear cut, whereas the mere preliminary agreement may be very unclear and uncertain. The intent was not to shoot and kill the alleged victim but merely to frighten him off, say the defence. A conspiracy is indeed admitted,

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NEWS
Calls to raise the age of criminal responsibility from 10 to 14 have been renewed, with the Bar Council arguing the current threshold criminalises children too early and risks pushing them towards lifelong offending
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
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