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14 March 2008
Issue: 7312 / Categories: Case law , Law digest
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CRIMINAL LITIGATION

R (on the application of Choudhry) v Birmingham Crown Court [2007] EWHC 2764 (Admin), [2007] All ER (D) 417 (Oct)

The court considered a number of issues relating to bail and sureties, holding that:

(i)                   the jurisdiction of the magistrates to grant bail does not extend beyond the first occasion on which a defendant surrenders to the crown court;

(ii)                 it is both possible and lawful for a recognizance in crown court proceedings to be expressed as continuous until the conclusion of proceedings in the crown court;

(iii)                an order varying the conditions of bail, unconnected with the sureties in question, does not give rise to the need for sureties to be taken afresh;

(iv)                assuming that a defendant on bail is then allowed to continue on bail, whether on the same or varied terms, that amounts to a fresh grant of bail;

(v)                  provided the recognizances were in terms which made it clear that they continued to bind the surety until the end of the trial, they remain in force so long as bail is granted in terms which require that they do so; and

(vi)

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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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