DNA link in 1975 murders – The Guardian

Posted September 26th, 2007 in DNA, evidence, murder, news by sally

“Two high-profile murders of young women which took place more than 30 years ago have been linked by DNA evidence. Scotland Yard are hoping that the link could lead to the solving of the murders of a Playboy bunny and a schoolgirl.”

Full story

The Guardian, 26th September 2007

Source: www.guardian.co.uk

Pathologist who could have cleared mother wins appeal – The Guardian

Posted September 7th, 2007 in evidence, expert witnesses, news, pathologists by sally

“The pathologist who failed to disclose test results on one of Sally Clark’s babies which could have pointed to a death from natural causes has won the right to stay on the register of Home Office-accredited pathologists.”

Full story

The Guardian, 6th September 2007

Source: www.guardian.co.uk

Persaud v. State of Trinidad and Tobago – Times Law Reports

Posted August 7th, 2007 in evidence, joint liability, law reports by sally

Limiting out-of-court statements

Persaud v. State of Trinidad and Tobago

“The exception to the rule that out-of-court statements made by one defendant were inadmissible against a codefendant applied only where the defendants were being tried for an offence for which they were jointly liable.”

The Times, 7th August 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Persaud v. State of Trinidad and Tobago – WLR Daily

Posted July 24th, 2007 in evidence, law reports by sally

Persaud v. State of Trinidad and Tobago

“The exception to the rule that out of court statements made by one defendant were inadmissible against a co-defendant applied only in cases where the defendants were being tried for a joint offence for which they were jointly liable.”

WLR Daily, 23rd July 2007

Source: www.lawreports.co.uk

Please note once a case has been reported in one of theICLR series the corresponding WLR Daily summary is removed.

Director of Public Prosecutions v. Lawrence – WLR Daily

Posted July 19th, 2007 in codes of practice, evidence, law reports, police by sally

Director of Public Prosecutions v. Lawrence

“The provisions of Code C of the Codes of Practice under s 66 of the Police and Criminal Evidence Act 1984 were not directed to what a defendant was alleged to have said as part of the conduct constituting the alleged crime but to what a defendant was alleged to have said on or after arrest.”

WLR Daily, 16th July 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R v. Campbell – WLR Daily

Posted June 29th, 2007 in bad character, evidence, law reports by sally

R v. Campbell [2007] EWCA Crim 1472 

“If a defendant’s previous convictions were admitted in evidence, the jury could attach significance to them in any respect in which they were relevant and relevance could normally be deduced by the application of common sense. The mere fact that there was an issue as to whether a defendant’s case was truthful did not mean that evidence could be admitted to show that he had a propensity to be untruthful.”

WLR Daily, 26th June 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Demand grows for full Lockerbie inquiry – The Times

Posted June 25th, 2007 in evidence, news, terrorism by sally

“Pressure is growing for a full public inquiry into the Lockerbie disaster, in response to new evidence that suggests a miscarriage of justice took place in the trial of the Libyan convicted of the bombing.”

Full story

The Times, 25th June 2007

Source: www.timesonline.co.uk

Six years on, evidence that helped convict TV presenter’s murderer is deemed valueless – The Guardian

Posted June 21st, 2007 in evidence, murder, news by sally

“Scientific evidence which helped convict Barry George of the murder of the BBC presenter Jill Dando six years ago has since been codified by the government’s Forensic Science Service as “of no value”, the Guardian understands.”

Full story

The Guardian, 21st June 2007

Source: www.guardian.co.uk

DS v. HM Advocate – Times Law Reports

Posted June 12th, 2007 in evidence, law reports, Scotland, sexual offences by sally

When accused tries to import victim’s sexual history

DS v. HM Advocate

Privy Council

“A Scottish statute providing that when a court gave permission for a person accused of certain sexual offences to lead evidence of the alleged victim’s previous sexual history, there was a presumption in favour of laying before the jury the accused’s previous convictions for sexual offences unless he could show that such disclosure would not be in the interests of justice, or would prejudice his right to a fair trial.”

The Times, 12th June 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Regina v. Musone – Times Law Reports

Posted June 11th, 2007 in evidence, law reports by sally

Power to exclude evidence of probative value

Regina v. Musone

Court of Appeal (Criminal Division)

“Cases would be rare in which a breach of procedural rules would entitle a court to exclude evidence of substantial probative value and a court should be most reluctant to exclude evidence of that quality for such a breach; nevertheless there would be cases where the only way in which the court could ensure fairness was by excluding evidence even of substantial probative value.”

The Times, 11th June 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

UK mulls admitting wiretap evidence in court – OUT-LAW.com

Posted June 11th, 2007 in evidence, interception, news by sally

“The UK government is looking to make wiretap evidence admissible in court as part of its latest review of anti-terrorism legislation.”

Full story

OUT-LAW.com, 8th June 2007

Source: www.out-law.com

Shierson and another v. Rastogi – WLR Daily

Posted June 5th, 2007 in bankruptcy, company directors, evidence, law reports by sally

Shierson and another v. Rastogi [2007] EWHC 1266 (Ch.)

The principle that judicial findings made in a previous case were not admissible in later proceedings as evidence of facts found only applied where a party in the second proceedings had not had opportunity, by himself or his privy, to challenge evidence adduced in the first hearing.

WLR Daily, 25th May 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R v. Musone – WLR Daily

Posted May 29th, 2007 in evidence, law reports by sally

R v. Musone [2007] EWCA Crim 1237

“Cases in which a breach of procedural rules would entitle a court to exclude evidence of substantial probative value would be rare and a court should be most reluctant to exclude evidence of that quality for such a breach; none the less there would be cases where the only way in which the court could ensure fairness was by doing so.”

WLR Daily, 23rd May 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Lords back phone-taps in trial – BBC News

Posted April 26th, 2007 in evidence, interception, news by sally

“Peers have voted in favour of allowing telephone intercept evidence to be used in court in organised crime cases.” 

Full story

BBC News, 26th April 2007

Source: www.bbc.co.uk

Malcolm v. Director of Public Prosecutions – Times Law Reports

Posted April 4th, 2007 in evidence, law reports by sally

New evidence after justices retire

Malcolm v. Director of Public Prosecutions

Queen’s Bench Division 

“Justices could, in special circumstances, receive further evidence after they had retired to consider their verdict. ”

The Times, 4th April 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.