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14 February 2008
Issue: 7308 / Categories: Case law , Legal services , Profession , Law digest
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CRIMINAL LITIGATION

R v Clarke [2008] UKHL 8, [2008] All ER (D) 69 (Feb)

Without an indictment there cannot be a valid trial and, on the express language of the Administration of Justice (Miscellaneous Provisions) Act 1933, s 2(1) the only step which changes a draft indictment into an indictment is the signing of it by the proper officer of the court.

 

Accordingly, that step is indispensable, and R v Morais [1988] 3 All ER 161 was correctly decided. There is no basis upon which the court in R v Ashton [2007] All ER (D) 19 (Feb) could properly depart from Morais, which was clearly binding on it. In the present case, the appellants had been arraigned and tried without a valid indictment; the addition of a signature at a very late stage could not “throw a blanket of legality over the invalid proceedings already conducted”.

 

Lord Bingham (para 20) added that the decisions in R v Sekhon[2006] 1 AC 368 and R v Soneji [2005] 4 All ER 321 are valuable and salutary, but the effect of the sea change which they wrought has been exaggerated and they do not warrant a wholesale jettisoning of all rules affecting procedure, irrespective of their legal effect.

 

Issue: 7308 / Categories: Case law , Legal services , Profession , Law digest
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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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