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03 April 2008 / Roger Smith
Issue: 7315 / Categories: Features , Public , Legal services , Constitutional law
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The NLJ Column

Constitutional Reform

Crime, punishment and lacklustre constitutional reform

Ian Norris always had a better case to resist extradition to the than the “Nat West Three”. His reward was to succeed where they did not: halting—or at least delaying—his departure for trial in the . The Nat West Three—David Bermingham, Gary Mulgrew and Giles Darby—ran a highly visible, but ultimately unsuccessful, campaign against their extradition requests. However, in the end, the three pleaded guilty to the district court in and, on 27 February, were jailed for 37 months each in relation to a £7.3m fraud. In doing so, a considerable amount of humble pie was consumed as the defendants respectively told the court: “My conduct in this matter fell well below the standards expected”; “We lacked integrity“; and “I didn’t realise the implications”. The threesome’s case was based on the fact that the US–UK extradition treaty does not require the authorities to show any prima facie case against them to a court and, thus, impedes their fair trial rights. The treaty is, indeed, unbalanced. The

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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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