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Category Archives: Criminal

UK Law Weekly

R (Hallam & Nealon) v Secretary of State for Justice [2019] UKSC 2

Wrongful conviction cases and miscarriages of justice are always of great interest to the media as they provide a mystery while simultaneously highlighting failures within our criminal justice system. However not much is made of what happens once the conviction is overturned and the innocent

UK Law Weekly

R (AR) v CC of Greater Manchester Police [2018] UKSC 47

What should and should not be revealed about the subject of a criminal record certificate is a matter of a debate and requires a fine balancing act between the rights of the individual and the need to protect the public. In this case the Supreme

UK Law Weekly

R v Mackinlay [2018] UKSC 42

With the EU referendum and the election of Donald Trump in 2016 people on both sides of the Atlantic began asking serious questions about the state of the democratic process in the West. In this episode we explore the origins of that debate by looking

UK Law Weekly

R v Sally Lane & John Letts [2018] UKSC 36

Funding terrorism has long been an offence even as the nature of terrorism has changed. The question that is being addressed in this case is what mental element (or mens rea) is required of the accused when it comes to this crime. Should we consider

UK Law Weekly

R v McCool and Harkin [2018] UKSC 23

What happens when a series of criminal offences are committed over a period when a new piece of legislation comes into force? Do they fall under the new rules or the old ones? The job of the Supreme Court was made especially difficult in this

Consent in the Age of #MeToo

Today I had the chance to listen to an interesting podcast episode from Zero Books with law professor Heidi Matthews. This caught my eye because in law we often talk about the idea of consent but the legal definition does not necessarily marry up with

UK Law Weekly

B (Algeria) v SoS for the Home Dept [2018] UKSC 5

Enforcing immigration rules can be difficult for the government when the country that a person is being deported to has a poor human rights record. In B’s case there was no reasonable prospect of deportation back to Algeria but the government wanted to continue to

R (Gibson) v Secretary of State for Justice [2018] UKSC 2

Part payment of a confiscation order can lead to a reduction in the sentence for drug trafficking offences but how should the courts work out that reduction. Should it be based on the original amount imposed on the defendant or instead take into account interest

UK Law Weekly

Ivey v Genting Casinos [2017] UKSC 67

World famous poker player Phil Ivey walked into a London casino and won £7.7 million playing baccarat but the casino refused to pay out because they thought that Ivey had cheated. In this episode we not only discuss what it means to cheat but also