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03 January 2008
Issue: 7302 / Categories: Case law , Law digest , In Court
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Criminal Evidence

T v DPP [2007] EWHC 1793 (Admin), [2007] All ER (D) 133 (Jul)

The court summarised the approach to be taken in a case where a magistrates’ court is considering whether or not to draw adverse inferences from failure to answer police questions in interview.

 

HELD The justices should ask themselves three questions.

 

(i) Has the defendant relied in his defence on a fact which he could reasonably have been expected to mention in his interview, but did not? If so, what is it?

 

(ii) What is his explanation for not having mentioned it?

 

(iii) If that explanation is not a reasonable one, is the proper inference to be drawn that he is guilty?

[In the crown court, the jury should of course be directed to ask themselves the same questions.]

Issue: 7302 / Categories: Case law , Law digest , In Court
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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

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A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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