Today at the Byline Times News Club the latest Edition of Proof Magazine from http://www.thejusticegap.com will be delivered which looks at the Prison Crisis and miscarriages of justice . This presents a…
Author: MarkNewbyQSJ
Solicitor Advocate specialising in Miscarriage of Justice Cases and Defending Historical Abuse Allegations , writes on Criminal Justice issues . Involved in the quashing of a significant number of convictions . Currently a member of the Law Society Council and various committees including the Criminal Law Committee
R (on the application of Keogh) v Director of Public Prosecutions – Nunn Disclosure refusal
The claimant renewed his application for permission to challenge the failure of the DPP to permit access to CCTV footage introduced at his criminal trial or to the forensic file in those…
R v Connell – Hearsay
This appeal raised the issue of how to deal with a hearsay application where the Complainant was deceased . The complainants were his two step-daughters G & C, after providing an ABE…
R v Shaid – Non Defendant Bad Character and a shifting defence
Where the Defence wanted to adduce evidence of the deceased bad character over threats to use a gun the Court declined to admit this evidence and concluded the trial Judge had made…
Parashar v Sunderland Magistrates Court – Adjournment for a Defence Expert
The Court quashed a decision made by a District Judge refusing to vacate atrial where a prosecution expert could attend but a defence expert could not . “This claim is for judicial…
Historical Care Homes – The challenges of defending yourself a short history
If you are facing allegations about an institution you used to work at whether this is a care home , school or any other institution then it is vital that you should…
Historic Allegations – charged with an offence next steps
I am to be charged what happens next? If you originally attended your police interview as a volunteer, then you may simply receive a summons to Court (this is called a requisition)…
Historic Abuse Police Interviews
HISTORIC ALLEGATIONS – FACING INTERVIEW AT THE POLICE STATION These days the first you may know about facing a serious allegation will be a call or message from the police asking you…
Adverse Inferences – Written Directions – Ricky Green [2019] EWCA Crim 411
The appellant was convicted of s20, inflicting grievous bodily harm. . The grounds for appeal are that the judge wrongly gave the jury an adverse inference direction under s34 of the Criminal…
Majority Verdict Mistake – a writ of venire de novo – Patten [2018] EWCA Crim 2492
The appellant was sentenced to 15 years imprisonment for indecent assault, indecency with a child and rape, and appealed against sentence. The Court identified an irregularity at trial. A juror had been…