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21 June 2018 / Alec Samuels
Issue: 7798 / Categories: Bar Council , Features , Criminal
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A very English scandal

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Alec Samuels shares his reflections on the legal significance of the Jeremy Thorpe case

The trial of Jeremy Thorpe, covered recently in the BBC drama, A Very English Scandal , took place nearly 40 years ago. The trial makes a good story and good drama, despite the passing of time. But what is the continuing legal significance of the case? Some of the legal issues have been resolved, some are still very much with us.

Conspiracy

In moral terms conspiracy to commit a serious crime is almost as bad as actually committing the crime, and involving others as well may be seen as an aggravating factor. However, to the jury the intention and the agreement will not seem as bad as an execution of the conspiracy. Furthermore, the execution, the act, would probably have been clear cut, whereas the mere preliminary agreement may be very unclear and uncertain. The intent was not to shoot and kill the alleged victim but merely to frighten him off, say the defence. A conspiracy is indeed admitted, but it was only for a comparatively minor purpose.

Similarly

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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’
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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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