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09 January 2026
Issue: 8144 / Categories: Legal News , Criminal
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NLJ this week: When silence speaks volumes

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Is a suspect’s state of mind a ‘fact’ capable of triggering adverse inferences? Writing in NLJ this week, Andrew Smith of Corker Binning examines how R v Leslie reshapes the debate

The Court of Appeal confirmed that mental state can indeed be a ‘fact’ under s 34 of the Criminal Justice and Public Order Act 1994. Yet it also suggested that, in most cases, suspects cannot reasonably be expected to articulate the mental element during interview.

Smith questions how far that generalisation holds, particularly in financial crime, where intent is often the battleground. Drawing on cases such as R v Black, he shows how bare denials can be fatal if later expanded at trial. Prepared statements, long treated as a safe default, emerge as a double-edged sword.

The article offers a practical warning: interview strategy must be tailored to the evidence, not comfortingly formulaic.

Issue: 8144 / Categories: Legal News , Criminal
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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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