Regina v Norman (Robert) – WLR Daily

Regina v Norman (Robert) [2016] EWCA Crim 1564

‘The defendant was a prison officer who was paid more than £10,000 by a tabloid journalist in return for information about the prison which formed the subject matter of numerous published articles. He was charged with one count of misconduct in public office. The newspapers voluntarily disclosed evidence of the defendant’s identity and conduct. It was the prosecution case that the stories did not, save in a few cases, have any public interest and that the defendant knew that what he was doing was very wrong given the scale and scope of his activities, conducted behind his employer’s back, in return for substantial payments which were routed via his son’s bank account in order to conceal them. The defendant was convicted. He appealed against conviction the grounds that (i) the judge should have acceded to his submission to stay the proceedings as an abuse of process since the defendant’s identity and the evidence upon which the prosecution depended had been obtained by police misconduct in putting pressure upon the newspapers to give disclosure in order to avoid corporate prosecution; and (ii) the judge should have acceded to his submission of no case to answer, since the defendant’s misconduct did not meet the high threshold of seriousness required for it to be characterised as a criminal abuse of the public’s trust in him as an officer holder.’

WLR Daily, 20th October 2016

Source: www.iclr.co.uk

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Vicarious Liability Considered by the Court of Appeal- Fletcher v Chancery Lane Supplies Ltd [2016] – Zenith PI Blog

Posted October 28th, 2016 in evidence, news, personal injuries, vicarious liability by sally

‘An employer appealed a first instance decision in which it was held vicariously liable for the actions of employee.’

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Zenith PI Blog, 26th October 2016

Source: www.zenithpi.wordpress.com

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Law concerning use of sexual history in rape trials ‘could be reformed’ – The Guardian

Posted October 28th, 2016 in evidence, news, rape, victims by sally

‘The law could be reformed to make clear that an alleged rape victim’s sexual history must not in future be used routinely as evidence in court, the attorney general has suggested.’

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The Guardian, 27th October 2016

Source: www.guardian.co.uk

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What if they are innocent? Justice for people accused of sexual and child abuse – OUP Blog

Posted October 26th, 2016 in child abuse, criminal justice, evidence, news, sexual offences by sally

‘Many people watching the UK television drama National Treasure will have made their minds up about the guilt or innocence of the protagonist well before the end of the series. In episode one we learn that this aging celebrity has ‘slept around’ throughout his long marriage but when an allegation of non-recent sexual assault is made he strenuously denies it. His wife knows about his infidelities and chooses to believe him, but his daughter, who for years has struggled with mental ill-health, substance abuse problems and fractured relationships, seems to be troubled by memories from her childhood. As the episodes unfold, the series gives the audience chance to be judge and jury, employing whatever bits of information are available to them and, not least, their own prior assumptions about such cases.’

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OUP Blog, 21st October 2016

Source: www.blog.oup.com

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Ched Evans: Scrutinising woman’s sexual history in rape trial ‘set us back 30 years’ – The Independent

Posted October 17th, 2016 in evidence, news, rape, retrials by tracey

‘A former solicitor general has condemned the way the Ched Evans rape trial was conducted. Vera Baird told the BBC details of the woman’s sexual past should not have been heard in court and the case could discourage people who are sexually assaulted from reporting it to police.’

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The Independent, 16th October 2016

Source: www.independent.co.uk

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CPS to pay six-figure sum to man over wrongful conviction – The Guardian

‘The Crown Prosecution Service (CPS) has agreed to pay more than £100,000 in compensation to a man who spent six years in prison after being wrongly convicted of perverting the course of justice in a gangland murder investigation.’

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The Guardian, 6th October 2016

Source: www.guardian.co.uk

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Sean Rigg death: Police officers will not face trial – BBC News

‘The Crown Prosecution Service (CPS) has said it will not prosecute five police officers over the death in custody of Sean Rigg in 2008.’

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BBC news, 15th September 2016

Source: www.bbc.co.uk

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Punctuation error led to evidence mistake in Stephen Lawrence murder case – Daily Telegraph

Posted September 13th, 2016 in evidence, murder, news, police by sally

‘A wrongly interpreted punctuation mark meant police investigating Stephen Lawrence’s murder did not realise a crucial piece of evidence had been found close to the scene for more than 20 years, detectives have admitted.’

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Daily Telegraph, 13th September 2016

Source: www.telegraph.co.uk

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Rendition victims challenge decision not to prosecute MI6 officer – The Guardian

‘Lawyers representing a Libyan husband and wife who were kidnapped and flown to one of Muammar Gaddafi’s prisons are seeking to overturn a decision that there was insufficient evidence to prosecute a former MI6 officer for his alleged role.’

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The Guardian, 11th September 2016

Source: www.guardian.co.uk

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Decision not to prosecute Sir Cliff Richard in abuse investigation under review – The Guardian

‘The decision not to press charges in the abuse investigation against Sir Cliff Richard is being reviewed.’

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The Guardian, 31st August 2016

Source: www.guardian.co.uk

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Breck Bednar murder: Insufficient evidence in killer ‘contact’ probe – BBC News

Posted August 30th, 2016 in children, evidence, internet, murder, news, sexual grooming by sally

‘Police say they cannot take further action over claims from the mother of a murder victim that she is being taunted online by the killer.’

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BBC News, 30th August 2016

Source: www.bbc.co.uk

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QOCS: The Strike Out and Fundamental Dishonesty Exceptions in Action – Hardwicke Chambers

Posted August 25th, 2016 in civil procedure rules, costs, evidence, interpreters, news, striking out by sally

‘There are still relatively few findings of fundamental dishonesty being made by Courts. Despite the fact that this is obviously an important exception to the QOCS regime, the fundamental dishonesty threshold is proving a difficult hurdle for Defendants to meet. This article explores a recent finding of fundamental dishonesty and the lessons that can be learned by Claimants and Defendants in such cases.’

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Hardwicke Chamebrs, 17th August 2016

Source: www.hardwicke.co.uk

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Nigel Wilkinson jailed: Photographer who drugged and raped two men receives 11 year sentence – The Independent

Posted August 15th, 2016 in DNA, drug offences, evidence, guilty pleas, news, rape, sentencing, sexual offences, victims by sally

‘Nigel Wilkinson, the photographer who drugged and raped two men at his Bristol home, has been jailed for 11 and a half years.’

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The Independent, 12th August 2016

Source: www.independent.co.uk

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Peter Sutcliffe could be tried for attacks on up to 13 other victims – Daily Telegraph

‘Yorkshire Ripper Peter Sutcliffe could face a new trial for a series of previously unsolved attacks on women.’
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Daily Telegraph, 14th August 2016

Source: www.telegraph.co.uk

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Police to hire law firms to tackle cyber criminals in radical pilot project – The Guardian

‘Private law firms will be hired by police to pursue criminal suspects for profit, under a radical new scheme to target cyber criminals and fraudsters.’

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The Guardian, 14th August 2016

Source: www.guardian.co.uk

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Abuse Of Process In Historical Cases: A Thing Of The Past? – Crimeline

Posted August 4th, 2016 in abuse of process, disclosure, evidence, news, reports by Mark L

‘In May this year the Public Accounts Committee published a report titled the ‘Efficiency in the Criminal Justice System.’ The conclusions are unsurprising for those with any experience of the system; it is at breaking point. In the current climate it seems the courts will do everything in their power to ensure cases proceed often in spite of significant delay. Due to their nature, historical cases can often be besieged with disclosure problems, and while delay can be due to legitimate and understandable reasons it is also true that historical cases can face unjustifiably delay. The question which must be asked is, when a case suffers from both delay and disclosure issues can a defendant have a fair trial at all?.’

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Crimeline, 3rd August 2016

Source: www.crimeline.info

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Slow-motion replays can distort criminal responsibility – BBC News

Posted August 3rd, 2016 in criminal responsibility, evidence, news, video recordings by tracey

‘Slow-motion video replays of crimes shown in courtrooms may be distorting the outcomes of trials, according to a US study.’

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BBC News, 2nd August 2016

Source: www.bbc.co.uk

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‘Black box’ recorder used in liability trial defence – Law Society’s Gazette

Posted August 1st, 2016 in evidence, insurance, news, witnesses by Mark L

‘A telematics-based motor insurer has claimed a first after data from a “black box” recorder was successfully used in a defence at a collision liability trial.’

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Law Society’s Gazette, 1st August 2016

Source: www.lawgazette.co.uk

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Seen and heard? Children as witnesses in family proceedings – Family Law Week

‘Damian Stuart, Barrister, FOURTEEN, re-visits Baroness Hale’s seminal speech in Re W (Children) (Abuse: Oral Evidence) in the light of Lord Justice McFarlane’s recent judgment in Re E (A Child).’

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Family Law Week, 22nd July 2016

Source: www.familylawweek.co.uk

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Survivors must have a stronger voice in Goddard abuse inquiry – The Guardian

Posted July 27th, 2016 in child abuse, evidence, inquiries, news, parliament, sexual offences, victims by sally

‘Justice Lowell Goddard will be unable to deliver justice or tackle child sex abuse if her inquiry sidelines survivors.’

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The Guardian, 26th July 2016

Source: www.guardian.co.uk

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