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All articles
- Continuing Offences
The question of whether a particular offence is a continuing one was raised by the Court of Appeal in R v Moss [2015] EWCA Crim 713, but was left undecided. Victor Smith contemplates the answer. First published in the Criminal Law & Justice Weekly (2015) 179 JPN 472. - Multiple Incident Allegations
When a count in an indictment alleges multiple incidents of offending and results in a conviction, how does the sentencing court know which incidents the jury found proved? Victor Smith considers the Court of Appeal's guidance in R v A. First published in the Criminal Law & Justice Weekly (2015) 179 JPN 336. - Costs Against the Prosecution for Prosecuting and the Meaning of “Improper”
How the 2014 judicial review case of Goodison greatly reduced the scope for a court to order costs against the prosecution on the basis that the case was not properly brought. First published in the Criminal Law & Justice Weekly (2014) 178 JPN 473. - Duplicity Under the Criminal Procedure Rules
Is the rule against duplicity the same under the CPR as it was under the former MCR? Was the High Court right to apply r 12 MCR in Euro Foods Group v Cumbria County Council eight years after it had been replaced by r.7.3 CPR? First published in the Criminal Law & Justice Weekly (2013) 177 JPN 663 and 690.
- Legal Certainty in European Law
Should the interpretation of European Directives and UK law giving effect to them be literal, purposive or purely creative? First published in the Criminal Law & Justice Weekly (2013) 177 JPN 475 and 492. - Retention of Seized Property
Do prosecuting authorities have the right to hold on to seized property, once it ceases to be required as evidence, where its return might facilitate offending? First published in the Criminal Law & Justice Weekly (2013) 177 JPN 363. - Alternative Charges: Help or Hindrance?
A look at the potential pitfall for the prosecution in alleging a lesser offence as an alternative to a more serious one. First published in the Criminal Law & Justice Weekly (2012) 176 JPN 329. - Fraudulent Trading: The Four Principles
The Home Office, in its “Explanatory Notes” to the Fraud Act 2006, sets out four principles which it says are derived from the relevant case law relating to comparable companies legislation. But, are all those principles accurately stated? A shortened version of this article was first published in the Criminal Law & Justice Weekly (2012) 176 JPN 27 and 41. - Dock Identification and Identity Parades
First published in the Criminal Law & Justice Weekly (2011) 175 JPN 641.
- The Causation Shift: Fraud, Unfair Trading and Europe
First published in the Criminal Law & Justice Weekly (2011) 175 JPN 307 and 321.