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 v Horseferry Road Magistrates Court ex parte Bennett (A.P.)
    • House of Lords
    • 24 Jun 1993

    If the court is to have the power to interfere with the prosecution in the present circumstances it must be because the judiciary accept a responsibility for the maintenance of the rule of law that embraces a willingness to oversee executive action and to refuse to countenance behaviour that threatens either basic human rights or the rule of law. If the court is to have the power to interfere with the prosecution in the present circumstances it must be because the judiciary accept a responsibility for the maintenance of the rule of law that embraces a willingness to oversee executive action and to refuse to countenance behaviour that threatens either basic human rights or the rule of law.

  • R v Secretary of State for the Home Department, ex parte Simms
    • House of Lords
    • 08 Jul 1999

    Fundamental rights cannot be overridden by general or ambiguous words. This is because there is too great a risk that the full implications of their unqualified meaning may have passed unnoticed in the democratic process. In the absence of express language or necessary implication to the contrary, the courts therefore presume that even the most general words were intended to be subject to the basic rights of the individual.

  • 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
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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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