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09 January 2026
Issue: 8144 / Categories: Legal News , Criminal
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NLJ this week: When silence speaks volumes

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Is a suspect’s state of mind a ‘fact’ capable of triggering adverse inferences? Writing in NLJ this week, Andrew Smith of Corker Binning examines how R v Leslie reshapes the debate

The Court of Appeal confirmed that mental state can indeed be a ‘fact’ under s 34 of the Criminal Justice and Public Order Act 1994. Yet it also suggested that, in most cases, suspects cannot reasonably be expected to articulate the mental element during interview.

Smith questions how far that generalisation holds, particularly in financial crime, where intent is often the battleground. Drawing on cases such as R v Black, he shows how bare denials can be fatal if later expanded at trial. Prepared statements, long treated as a safe default, emerge as a double-edged sword.

The article offers a practical warning: interview strategy must be tailored to the evidence, not comfortingly formulaic.

Issue: 8144 / Categories: Legal News , Criminal
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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

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
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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