News
Criminal appeals and delayed justice, over 40 years on
Ordinarily, criminal appeals must be lodged within a relatively short period following trial. Late requests often stand little prospect of success. This extraordinary case illustrates exceptions to that rule, particularly where modern forensic techniques lead to the clear conclusion that the convicted person is innocent. Janet Commins Janet Commins was born on 9 June 1960. One evening in...Read More
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The Absent Witness; what can you do?
In some instances, it is not convenient for a witness to be present in court to give evidence. For example, they may live or work some distance away from the court, or there may be another good reason. There are legal provisions that cater for this scenario, which are widely used by the prosecution (notably for police officers). However, it is vital to remember that the defence can take...Read More
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Can I challenge a juror?
It is a common feature of American courtroom drama that a defence attorney moves to remove a juror that they do not like the look of. Many clients wonder whether the same type of challenge can take place in an English courtroom. The Jury Pool In some circumstances there can be a challenge to the entire jury pool. This can happen in cases where local emotion is running so high that it would not...Read More
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The Cut-Throat Defence; a good idea or not?
A cut-throat defence is where one defendant gives evidence that is damaging to a co-defendant’s case. Sometimes that goes as far as directly accusing the other person of the crime, while typically seeking to exonerate themselves. Such evidence may be given directly by a defendant (or defendants) as a positive aspect of their case. Alternatively, it may be elicited by prosecution...Read More
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Drunk on a plane; Airports, Planes and Alcohol
It has been reported in the press that 500 people have been arrested while drunk on a plane at British airports in the last three years. For many people a holiday begins once cases have been checked in, and what is the harm in that? It is clear that drunkenness has become an issue. The government has been asked to take steps to address licencing in airports, especially as the airport bars are...Read More
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Identification using gait analysis
What is gait and what does it have to do with identification? Gait, quite simply, is how a person walks, the movement of limbs. With the ever-increasing use of CCTV, the identification of offenders from footage is also increasing. Sometimes a face cannot clearly be seen, either because it is covered or because the footage simply isn’t clear enough. This is where gait analysis could be used....Read More
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Attorney-General’s Reference and a Prosecution Appeal
The prosecution, via the Attorney General, has the right to ask the Court of Appeal to consider whether sentences for certain offences are unduly lenient. This is known as an Attorney-General’s Reference. How does the scheme work? Anyone can ask the Attorney General to consider whether a sentence is unduly lenient. If the Attorney agrees an appeal will be lodged within 28 days of that...Read More
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Solicitors, Charlatans and the Internet
We interchangeably use many terms to describe legal professionals: lawyers, solicitors, legal advisers, attorneys (an Americanism), a ‘brief’. There are countless others in common usage. Regrettably, this flexibility with language allows for confusion. When viewing many legal websites, you would be forgiven for thinking that you are dealing with a qualified legal professional....Read More
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