header-logo header-logo

30 March 2007 / Laurie Toczek
Issue: 7266 / Categories: Features , Procedure & practice , Profession
printer mail-detail

A common problem

Should old cases be judged on new common law? Laurie Toczek reports

On 13 February 2007, an interview with Professor Graham Zellick, the Chairman of the Criminal Cases Review Commission (CCRC), app­eared in the Times. Professor Zellick referred to the recent case of R (Director of Revenue and Customs Prosecutions) v Criminal Cases Review Commission [2006] EWCA 3064 (Admin), [2006] All ER (D) 48 (Dec). One of the questions raised by this case is whether old cases should be judged on ‘new’ common law, as it now is, or as it was when the conviction occurred.

The most famous case in which this issue arose is R v Bentley [1998] EWCA Crim 2516, [1999] Crim LR 330. On the evening of 2 November 1952, Derek Bentley and Christopher Craig climbed onto the roof of a warehouse in Croydon intending to commit a burglary. They were seen and the police were called. One of the officers who attended the scene, PC Sidney Miles, was shot and killed by Craig. Craig was charged with murder. Bentley was charged with being a secondary party to the murder.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Aggressive sales tactics can add up to fraudulent trading even without proof of a particular deception or financial loss
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
Police powers targeting concealed identities at protests come with procedural conditions that could determine whether prosecutions succeed
back-to-top-scroll