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CRIMINAL LITIGATION

09 March 2007
Issue: 7263 / Categories: Case law , Law digest
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Malcolm v DPP [2007] EWHC 363 (QB), [2007] All ER (D) 344 (Feb)

The issue was whether or not the magistrates, who had retired to consider their verdict, and had announced their decision adverse to the prosecution on a point raised by defence counsel in her final speech, were entitled to permit the prosecution to call further evidence to meet that point.

HELD Criminal trials are no longer to be treated as a game, in which each move is final and any omission by the prosecution leads to its failure. It is the duty of the defence to make its defence and the issues it raises clear to the prosecution and to the court at an early stage.

Even in a relatively straightforward trial in the magistrates’ court—where there is no requirement of a defence statement or a pre-trial review—it is the duty of the defence to make the real issues clear, at the latest, before the prosecution closes its case.

Following Webb v Leadbetter [1966] 2 All ER 114, magistrates have a discretion to receive further

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MOVERS & SHAKERS

Kingsley Napley—Claire Green

Kingsley Napley—Claire Green

Firm announces appointment of chief legal officer

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

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The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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