header-logo header-logo

06 August 2010
Issue: 7429 / Categories: Case law , Law digest
printer mail-detail

Public law

R v Chaytor and others [2010] EWCA Crim 1910, [2010] All ER (D) 335 (Jul)

Parliamentary privilege or immunity from criminal prosecution had never attached to ordinary criminal activities by members of Parliament. With the necessary exception in relation to the exercise of freedom of speech, it was difficult to envisage circumstances in which the performance of the core responsibilities of a member of Parliament might require or permit him or her to commit a crime, or in which the commission of crime could form part of the proceedings in the House of Commons for the purposes of Art 9 of the Bill of Rights.

Equally, it could not be discerned from principle or authority that privilege or immunity in relation to which such conduct might arise merely because the allegations were based on activities which had taken place “within the walls” of Parliament. The defendants in the instant case were alleged to have taken advantage of the allowances scheme designed to enable them to perform their important public duties as members of Parliament to commit crimes of dishonesty to which Parliamentary immunity or privilege did not, had

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

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
back-to-top-scroll