Author Archives
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
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Bad Character – Evidence to Correct a False Impression – R v Fender [2018] EWCA Crim 2829
The case related to a false impression given by a Defendant and whether the prosecution were entitled to call evidence to correct it . The prosecution alleged conspiracy to sell prohibited weapons and said the appellant had been present in… Read More ›
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Joint Enterprise – Where Next ?
Today the Supreme Court rectified a major injustice which has led to many people arguably being wrongfully convicted based upon the law of joint enterprise . The decision in R v Jogee https://www.supremecourt.uk/cases/docs/uksc-2015-0015-judgment.pdf confronts a major issue which has faced those representing… Read More ›
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Its not for the police to decide a case , they are supposed to collect the evidence
Mark Newby writes for The Justice Gap on the recent announcement of the Bernard Hogan Howe Metropolitan Commissioner that the approach to investigating Historical Allegations currently being taken may need to be re-evaluated You know that things may be getting… Read More ›
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The Refusal of Miscarriage Compensation – What next
On 12th June the High Court rejected challenges by Victor Nealon and Sam Hallam in their miscarriage of justice test case for compensation for 24 lost years served in prison before having their convictions quashed. Victor Nealon spent 17 years in… Read More ›
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The Curious Case of Victor Nealon
When Victor Nealon was sat in his prison cell after yet another rejection by the Criminal Cases Review Commission in 2002, he may have wondered whether he would ever get his liberty – never mind receiving an actual apology for… Read More ›
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Justice Committee – Is it time to ask searching questions of the Court of Appeal Criminal Division
[ This Article first appeared on Inside Justice and then The Justice Gap ] When the House of Commons’ justice committee finally decided to undertake a longer inquiry into the Criminal Cases Review Commission it might have been assumed this… Read More ›
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There are no winners
As published on The Justice Gap – http://thejusticegap.com/2014/02/winners/ When the former director of public prosecutions Keir Starmer introduced new guidelines to the prosecution of sexual offences, he made much of an assertion that “the pendulum” had swung too far in favour… Read More ›
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Quashing Victor Nealon’s Conviction
On Friday 13th December the Conviction of Victor Nealon was finally quashed by the Court of Appeal with the reasons to be supplied early in the New Year . It had been a long and hard fight for Victor Nealon… Read More ›
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Celebrity Cases and the Path to Moral Panic
Risk of moral panic over celebrity sex abuse cases The current unfolding drama surrounding the explosion of sexual allegations in a post-Savile world is providing more twists than a modern day drama although it is worth remembering that sexual allegations… Read More ›
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Dangerous Dogs , Anti Social Behaviour and Miscarriage of Justice
Amongst the distraction of PCT and Save UK Justice campaigning, it is important that as lawyers working to preserve the Rule of Law, we must not take our eye off developments in the law, particularly in what seems an opportune… Read More ›
