header-logo header-logo

Who’s in the dock?

18 October 2018 / Victor Smith
Issue: 7813 / Categories: Features , Criminal
printer mail-detail

In the first of a two-part series, Victor Smith traces the origins of the principle that a charge cannot be amended by substituting one defendant for another

  • The source and history of the power to amend.
  • A defendant named cannot be substituted for another person, but an error in the name of the correct defendant may be amended.
  • The application of this principle to corporate defendants.

There is nothing more fundamental to the administration of justice than that the person who is suspected of committing an offence is the one who has to face the charge. It is imperative that the correct defendant is identified, named and proceeded against within any applicable statutory time constraints. Equally, it would be anathema if a guilty party was able to escape justice by reason of a processing error in relation to its name. Fortunately, the position is that the defendant named in an information (or written charge) or summons (or requisition) cannot be amended so as to substitute a different person or legal entity, but

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

University of Manchester: The LLM driving tech-focused career growth

University of Manchester: The LLM driving tech-focused career growth

Manchester’s online LLM has accelerated career progression for its graduates

mfg Solicitors—Philip Chapman

mfg Solicitors—Philip Chapman

Regional firm strengthens corporate team with partner hire

Switalskis—Sally Christey, Mathew Abiagom & Cyman Kaur

Switalskis—Sally Christey, Mathew Abiagom & Cyman Kaur

Commercial property team expands with trio of appointments

NEWS
Judging is ‘more intellectually demanding than any other role in public life’—and far messier than outsiders imagine. Writing in NLJ this week, Professor Graham Zellick KC reflects on decades spent wrestling with unclear legislation, fragile precedent and human fallibility
The long-predicted death of the billable hour may finally be here—and this time, it’s armed with a scythe. In a sweeping critique of time-based billing, Ian McDougall, president of the LexisNexis Rule of Law Foundation, argues in this week's NLJ that artificial intelligence has made hourly charging ‘intellectually, commercially and ethically indefensible’
From fake authorities to rent reform, the civil courts have had a busy start to 2026. In his latest 'Civil way' column for NLJ this week, Stephen Gold surveys a procedural landscape where guidance, discretion and discipline are all under strain
Fact-finding hearings remain a fault line in private family law. Writing in NLJ this week, Victoria Rylatt and Robyn Laye of Anthony Gold Solicitors analyse recent appeals exposing the dangers of rushed or fragmented findings
As the Winter Olympics open in Milan and Cortina, legal disputes are once again being resolved almost as fast as the athletes compete. Writing in NLJ this week, Professor Ian Blackshaw of Valloni Attorneys examines the Court of Arbitration for Sport’s (CAS's) ad hoc divisions, which can decide cases within 24 hours
back-to-top-scroll