Criminal Case Law Update [2022]

This 1-hour session will summarise important cases that have been decided by the Court of Appeal and High Court in the last 12 months. It is important that everyone involved in Criminal law keep abreast of these decisions but it’s just finding the time. Some of them are very long and Colin will distil the essence of the judgements during the presentation

The following 6 cases are merely examples of those under consideration:

• Regina v Belhaj-Farhat – an important case concerning DNA evidence which will be hugely relevant for anyone advising at the police station stage of the investigation or advising on plea

• Plaku,Plaku Bourdon and Smith – the Court of Appeal making some definitive pronouncements in relation to that which is required of a defendant in order to be assured of a one third reduction in sentence following a guilty plea

• Mansfield and the DPP – an important case in the area of abuse of process and the High Court determining whether or not, on the facts, it was an abuse of process to charge when the suspect had been offered a caution at the police station stage

• Regina v Whitbread – consensual but under-age sexual activity – again, a case of importance when advising at the police station stage and also when advising on plea

• Regina v Dale – the position on credit where the plea is equivocal and dependent upon an agreed ‘basis of plea’

• Regina v Hussain – the position of the Crown Court Judge when sentencing an offender who he or she knows has already been recalled to prison for being in breach of their Parole Licence