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14 March 2008
Issue: 7321 / Categories: Case law , Law digest
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CRIMINAL EVIDENCE

R v Lamaletie [2008] EWCA Crim 314, [2008] All ER (D) 425 (Feb)

Where the prosecution wishes to rely, pursuant to s 101(1)(d) of the Criminal Justice Act 2003 (CJA 2003), on previous convictions as evidence of propensity, there is no rule that full details are necessary.

It is good practice for such details to be available in case they are required, but whether or not they are necessary in order for the jury fairly to assess the relevance of the convictions to propensity will depend on the facts of the particular case.

Moreover, a mere list of convictions may be sufficient for the purposes of CJA 2003, s101(1)(g), because what is relevant is character in a broad general sense.
 

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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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