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Evidence

10 January 2014
Issue: 7589 / Categories: Case law , Law digest
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R (on the application of Secretary of State for Home Department) v Southwark Crown Court [2013] All ER (D) 197 (Dec)

Section 13(1)(b) of the Crime (International Co-operation) Act 2003 should be read: “(1) Where a request for assistance in obtaining evidence in a part of the UK is received by the territorial authority for that part, the authority may...—(b) direct that a search warrant or order be applied for under or by virtue of section 16 or 17 or, in relation to evidence in Scotland, 18.” 

It was settled law that it was the task of the court to make sense of the text of the statutory provision read in its appropriate context and within the limits of the judicial role. The courts were ever mindful that their constitutional role in that field was interpretative. They had to abstain from any course which might have the appearance of judicial legislation. A statute was expressed in language approved and enacted by the legislature. Accordingly, the courts exercised considerable caution before adding or omitting or substituting words. Before interpreting a

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MOVERS & SHAKERS

Muckle LLP—Rachael Chapman

Muckle LLP—Rachael Chapman

Sports, education and charities practice welcomes senior associate

Ellisons—Carla Jones

Ellisons—Carla Jones

Partner and head of commercial litigation joins in Chelmsford

Freeths—Louise Mahon

Freeths—Louise Mahon

Firm strengthens Glasgow corporate practice with partner hire

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One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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