Criminal Practice in UK Law

Leading Cases
  • Woolmington v DPP
    • House of Lords
    • 05 Abril 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.

  • Brown v Stott (Procurator Fiscal, Dunfermline)
    • Privy Council
    • 05 Diciembre 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 DPP ex parte Kebeline
    • House of Lords
    • 28 Octubre 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.

  • R v Donald Pendleton
    • House of Lords
    • 13 Diciembre 2001

    The Court of Appeal can make its assessment of the fresh evidence it has heard, but save in a clear case it is at a disadvantage in seeking to relate that evidence to the rest of the evidence which the jury heard. For these reasons it will usually be wise for the Court of Appeal, in a case of any difficulty, to test their own provisional view by asking whether the evidence, if given at the trial, might reasonably have affected the decision of the trial jury to convict.

  • R v Horseferry Road Magistrates Court ex parte Bennett (A.P.)
    • House of Lords
    • 24 Junio 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 Cooper (Sean)
    • Court of Appeal (Criminal Division)
    • 08 Noviembre 1968

    That means that in cases of this kind the Court must in the end ask itself a subjective question, whether we are content to let the matter stand as it is, or whether there is not some lurking doubt in our minds which makes us wonder whether an injustice has been done. This is a reaction which may not be based strictly on the evidence as such; it is a reaction which can be produced by the general feel of the case as the Court experiences it.

  • R v Galbraith
    • Court of Appeal (Criminal Division)
    • 19 Mayo 1981

    (b) Where however the prosecution evidence is such that its strength or weakness depends on the view to be taken of a witness's reliability, or other matters which are generally speaking within the province of the jury and where on one possible view of the facts there is evidence upon which a jury could properly come to the conclusion that the defendant is guilty, then the Judge should allow the matter to be tried by the jury. (b) Where however the prosecution evidence is such that its strength or weakness depends on the view to be taken of a witness's reliability, or other matters which are generally speaking within the province of the jury and where on one possible view of the facts there is evidence upon which a jury could properly come to the conclusion that the defendant is guilty, then the Judge should allow the matter to be tried by the jury.

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Books & Journal Articles
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Law Firm Commentaries
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    • Mondaq UK
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    • 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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