header-logo header-logo

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

Who’s in the dock?

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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

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.

back-to-top-scroll