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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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Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
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.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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