Criminal Practice in UK Law

Leading Cases
  • Sweet v Parsley
    • House of Lords
    • 23 Ene 1969

    In the first place a stigma still attaches to any person convicted of a truly criminal offence, and the more serious or more disgraceful the offence the greater the stimga. So he would have to consider whether, in a case of this gravity, the public interest really requires that an innocent person should be prevented from proving his innocence in order that fewer guilty men may escape.

  • Woolmington v DPP
    • House of Lords
    • 05 Abr 1935

    Throughout the web of the English Criminal Law one golden thread is always to be seen that it is the duty of the prosecution to prove the prisoner's guilt subject to what I have already said as to the defence of insanity and subject also to any statutory exception. No matter what the charge or where the trial, the principle that the prosecution must prove the guilt of the prisoner is part of the common law of England and no attempt to whittle it down can be entertained.

  • R v DPP ex parte Kebeline
    • House of Lords
    • 28 Oct 1999

    In this area difficult choices may have to be made by the executive or the legislature between the rights of the individual and the needs of society. In some circumstances it will be appropriate for the courts to recognise that there is an area of judgment within which the judiciary will defer, on democratic grounds, to the considered opinion of the elected body or person whose act or decision is said to be incompatible with the Convention.

  • Brown v Stott (Procurator Fiscal, Dunfermline)
    • Privy Council
    • 05 Dic 2000

    The jurisprudence of the European Court very clearly establishes that while the overall fairness of a criminal trial cannot be compromised, the constituent rights comprised, whether expressly or implicitly, within article 6 are not themselves absolute. Limited qualification of these rights is acceptable if reasonably directed by national authorities towards a clear and proper public objective and if representing no greater qualification than the situation calls for.

  • R (McCann) v Manchester Crown Court
    • House of Lords
    • 17 Oct 2002

    However, I agree that, given the seriousness of matters involved, at least some reference to the heightened civil standard would usually be necessary: In re H (Minors)(Sexual Abuse: Standard of Proof) [1996] AC 563, 586D-H, per Lord Nicholls of Birkenhead. But in my view pragmatism dictates that the task of magistrates should be made more straightforward by ruling that they must in all cases under section 1 apply the criminal standard.

  • R (DJ) v Mental Health Review Tribunal; R (on the application of N) v Mental Health Review Tribunal (Northern Region)
    • Court of Appeal (Civil Division)
    • 21 Dic 2005

    In particular, the more serious the allegation or the more serious the consequences if the allegation is proved, the stronger must be the evidence before a court will find the allegation proved on the balance of probabilities.

  • Connelly v DPP
    • House of Lords
    • 21 Abr 1964

    My Lords, in my opinion, the Judges of the High Court have in their inherent jurisdiction, both in civil and in criminal matters, power (subject of course to any statutory rules) to make and enforce rules of practice in order to ensure that the court's process is used fairly and conveniently by both sides. "are founded on the same facts, or form or are a part of a series of offences of the same or a similar character"

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Books & Journal Articles
  • An investigation of the financial criminal practices of the elite in developing countries. Evidence from Nigeria
    • Núm. 19-2, Mayo 2012
    • Journal of Financial Crime
    • 175-206
    Purpose: Contemporary literature has paid scholarly attention to financial criminal practice from a variety of competing perspectives. However, this paper seeks to encourage reflections on some que...
  • The nature of the alliance an anthropological look at the practice of forensic psychiatry
    • Community-Based Interventions for Criminal Offenders with Severe Mental Illness
    • 123-141
    This anthropological research concerns the relationships between and among mental illness, criminality, medicine and the law, when each become, both separately and as one manifestation in the pract...
    ......* ABSTRACT This anthropological research concerns the relationships between and among mental illness, criminality, medicine and the law, when each become, both separately and as one manifestation in the practice of ......
  • ‘Substantial and Radical Change’: A New Dawn for Scottish Criminal Procedure?
    • Núm. 75-5, Septiembre 2012
    • The Modern Law Review
    This paper discusses the recommendations of the Carloway Review, which was established to review law and practice in criminal cases following the introduction in Scotland of a right to legal assist...
    ...... Chalmers and Fiona Leverick * This paper discusses the recommendations of the Carloway Re view, which was established to review law and practice in criminal cases following the introduction in Scotland of a right to legal assistance during detention. A number of recommendations are made in ......
  • Reviews
    • Núm. 39-1, Enero 1976
    • The Modern Law Review
    Just How Just? By David Lewis and Peter Hughman. Criminal Law: Cases and Materials. By J. C. Smith and Brian Hogan. Cases and Materials on Criminal Law and Procedure. Fourth edition. Edited by M. L...
    ...... the basis of a value judgment that the system of criminal justice should always ensure that an innocent person ... Texts, Commentary and Notes on Practice. By THE CHARTERED INSTITUTE OF PATENT AGENTS. [London: Sweet & ......
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Law Firm Commentaries
  • Webinar: Account Freezing Orders And High Court Civil Recovery: Criminal Practice In A Civil Age
    • Mondaq UK
  • HMRC Investigations: Code Of Practice 9
    • Mondaq UK
    .... Not all tax fraud results in a criminal investigation and. prosecution. HMRC have discretion to offer taxpayers whom they. suspect have been involved in deliberate fraud an opportunity to. ......
  • Financial crime and investigations update for UK corporates
    • JD Supra United Kingdom
    The law and practice relating to financial crime and investigations is evolving fast. In the past 18 months we have seen two new Acts aimed at combatting financial crime (including the creation of ...
    .... The law and practice relating to financial crime and investigations is evolving fast. In the ... financial crime (including the creation of two new corporate criminal offences), the implementation of the Fourth Money Laundering Directive, ......
  • Financial crime and investigations update for UK corporates
    • JD Supra United Kingdom
    The law and practice relating to financial crime and investigations is evolving fast. In the past 18 months we have seen two new Acts aimed at combatting financial crime (including the creation of ...
    .... The law and practice relating to financial crime and investigations is evolving fast. In the ... financial crime (including the creation of two new corporate criminal offences), the implementation of the Fourth Money Laundering Directive, ......
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