Who was Sergei Magnitsky? Sergei Magnitsky, whose name is associated with laws implemented to impose sanctions on abusers of human rights, was a Russian tax advisor who died in police custody in 2009. He was arrested and charged on allegations of tax evasion after accusing Russian tax officials of defrauding Hermitage Capital Management, an investment […]
In ‘Dishonesty in the Criminal Courts’ Tim Akers and Alejandra Llorente Tascon explore the evolution of the test for ‘dishonesty’, from R v Ghosh [1982] EWCA Crim 2, to the present-day test in Ivey v Genting Casinos [2017] UKSC 67. The webinar will also explore the applicability of the Ivey test for ‘dishonesty’ in criminal courts following the Court of Appeal’s […]
Tim Akers explores the evolution of the test for ‘dishonesty’, from R v Ghosh [1982] EWCA Crim 2, to the present-day test in Ivey v Genting Casinos [2017] UKSC 67. The webinar will also explore the applicability of the Ivey test for ‘dishonesty’ in criminal courts following the Court of Appeal’s recent ruling in Barton & Booth v The Queen [2020] EWCA Crim […]
Congratulations to our Naomi Gyane on her success in the Court of Appeal this month. Ms Gyane’s client had been sentenced at Winchester Crown Court to 12 months immediate custody further to pleading guilty to a Sexual Assault. Ms Gyane was successful on all five of her grounds of Appeal, which included the argument that delays in […]
Six Things I Learned dealing with an appeal against sentence during the pandemic: Court of Appeal Judges look infinitely less severe/frightening/impressive in “normal business attire” than when in full horse-hair and robed regalia. This sensation is further heightened when the designated High Court Judge giving the judgement of the court is the one in the […]
Following the covid-19 outbreak, courts have been forced into an alternative way of working. With the country in lockdown and people ordered by the government to work at home, the courts along with businesses have been transferred into the digital realm. While jury trials have had to be postponed, with only existing cases at the […]
We are delighted to announce that Siân Beaven has joined Chambers, with immediate effect. Siân is a specialist criminal practitioner, she has developed a practice prosecuting and defending in all areas of general crime. Siân also accepts instructions in professional disciplinary matters, appearing regularly before the NMC on behalf of registrants. She has also developed a practice in prison law, […]
If we had to adapt for Covid-19, could it work having Judge alone Crown Court trials, or jury trials with less than 12 peers? Let me start by saying I am not advocating for a system in England and Wales where there is no jury or a jury of less than 12 peers. I personally […]
CASE SUMMARY: Barton & Booth-v-The Queen [2020] EWCA Crim 575. The Court of Appeal considers whether the new definition of ‘dishonesty’ given by the Supreme Court in the case of Ivey v Genting Casinos (UK) (trading as Cockfords Club) [2017] UKSC 67 applies in criminal cases. This was an appeal against conviction brought on various grounds, primarily […]
Remote hearings come with particular difficulties. One obvious difficulty is that the parties cannot see each other as well as they might in the courtroom. But how much of a problem is this? If the demeanour of witnesses (or indeed parties) is relevant to an issue to be decided by the Court, then restrictions on […]
Unexplained Wealth Orders: The Weapon Against Dirty Money – National Crime Agency -v- Baker & Others [2020] EWHC 822 (Admin) What is an Unexplained Wealth Order? Unexplained Wealth Orders (UWO’s) were introduced into law through section 1 of the Criminal Finances Act 2017 by inserting section 362A to I into Part 8 of the Proceeds […]
A Practical Guide to The Health Protection (Coronavirus Restrictions) Regulations 2020 Justin Gau introduces us to The Health Protection (Coronavirus Restrictions) Regulations 2020. The regulations were introduced as a response to the serious and imminent threat to public health posed by the Coronavirus. In accordance with section 45R of the Public Health (Control of Disease) […]