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31 January 2008 / Charles Foster
Issue: 7306 / Categories: Features , Public , Legal services , Procedure & practice
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Untwining the strands

Low copy number DNA analysis should only be dangerous for the guilty, says Charles Foster

Until the Omagh bombing case (see R v Hoey [2007] NICC 49), low copy number (LCN) DNA analysis was seen as the magic bullet in the prosecutors’ armoury. But it ricocheted off Sean Hoey, causing damage and alarm in the prosecutorial camp. The internet anarchists are delighted. The failure of LCN is seen as a failure of the entire criminal process—an impression bolstered by Mr Justice Weir’s robust denunciation of some of the investigating officers in Hoey.

 

LEARNING LESSONS

The authorities moved fast after judgment was given in Hoey. On the same day, the Association of Chief Police Officers wrote to chief constables, recommending an immediate interim embargo on the use of LCN in criminal investigations in and . This was to give time to learn the lessons of Omagh. The Crown Prosecution Service (CPS) reviewed all current cases involving LCN. It completed that review on 21 January 2008, concluding

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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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