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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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
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