Law of Joint Enterprise

The Supreme Court has ruled that the law concerning joint enterprise, in which co-accused could be convicted of murder even if they do not administer the fatal blow, had taken a “wrong turn” in the 1980s. Following yesterday’s announcement the Crown Prosecution Service will now have to prove that an individual has actively assisted in, or encouraged, the killing to secure a conviction for murder. Law of Joint Enterprise: Has the Supreme Court restored balance to the scales of justice?

Categories:

Can Consent be Retrospectively Withdrawn?

By Tom Hanlon at 00:00

With the globalisation of social media and the Smartphone being the ever present medium by which news is accessed; key influencers such as newspapers, websites, magazines, bloggers, freelance journalists and broadcasters bombard us with a constant stream of articles and posts. But sometimes a unique story breaks through the noise which captures the public’s attention and raises important questions and debates. An example of this can be seen with an emotive, divisive and perplexing criminal trial in the North West. In brief, a female defendant posed as a male (allegedly creating an alter ego) and engaged in a sexual relationship with a female. The fundamental confusion in this case - based on the national press coverage and social media activity across Facebook and Twitter - comes down to the basic question, whether the complainant consented?

Categories:

The Court Failed the Oscar Pistorius Verdict

By Solicitor at 00:00

It’s the trial that’s captured the fascination of the world’s press and people since it began on 3rd March 2014 – that of Oscar Pistorius and the Valentine’s Day murder of model girlfriend Reeva Steenkamp in Pretoria, South Africa. Eventual sentencing on 21st October 2014 saw the Paraolympian sentenced for ‘culpable homicide’ the equivalent to that of manslaughter in UK law, a decision that was met with mixed reactions with just five years imprisonment.

Categories:

Does the Dock in Court Prejudice Defendants?

By Solicitor at 00:00

In its recent report, JUSTICE, the all party law reform and human rights organisation, called for the abolition of the dock and recommended alternative strategies. The findings of this report make surprising and compelling reading. For those unfamiliar with court proceedings, in criminal trials of adults, those remanded in custody will appear in court in a secure glass dock and if they are on bail, they often appear in an open dock rising to waist height. As a criminal defence lawyer I am well accustomed to the layout of the criminal court but have not previously given much thought to the defendant’s positioning and how the physical presence of a dock may influence our subconscious.

Categories:

As a criminal lawyer you become naturally entwined with the role of our Criminal Justice System. I witness the impact it has on the lives of my clients and their families every day, so when the opportunity came to attend the ‘United Against Injustice Annual Conference’ with my colleague, Post Conviction expert, Joe Ely, I knew I had to be there.

Categories:

Error loading MacroEngine script (file: /uBlogsy/uBlogsyListCategories.cshtml)