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18 October 2018 / Victor Smith
Issue: 7813 / Categories: Features , Criminal
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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

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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
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Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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