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16 May 2019 / John Cooper KC
Issue: 7840 / Categories: Opinion , Procedure & practice
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Archbold v Blackstone’s

Who dares wins…unless it’s a draw. John Cooper QC reflects on the battle for compulsory courtroom reading

There has probably been no other controversy like it in recent years.

Clearly not in the category of the great Brexit debate, the annual head-to-head between Blackstone’s Criminal Practice and Archbold has become even more acute since the judicial powers that be decided that both were acceptable texts in the crown court and that neither should have precedence over the other; a sort of revocation of Art 50 granting a reprieve for Archbold, which hitherto had been the only acknowledged text, no doubt on the principle that when a small panel of judges decided that Blackstone’s should replace Archbold as the standard crown court text, they might not have had all the information in front of them that they needed.

That information was the dismay with which such a unilateral decision was taken, without consultation and by a small group of judges. Since then, both the Law Society and the Criminal Bar Association have expressed their concern about the decision, which brings us right back

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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’
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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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