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Criminal Law


14.01.20

When the public interest gets badly lost

Robyn Williams, a highly decorated superintendent with the Metropolitan police, is currently confined to desk duties pending an appeal against her conviction. She was found guilty by a 10-1 majority on 29 November 2019 for one offence of possession of an indecent image of a child. This is an offence under section 160 of the…

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20.12.19

Off-title beneficial interest in a property can be subject to a Confiscation Order

Prior to making a Confiscation Order, after having assessed ‘benefit’ the court has to go on to decide the ‘recoverable amount’ which is assessed on the basis of the assets available to the Defendant. The recoverable amount is an amount equal to or less than the Defendant’s benefit depending on what is ‘available’.  In R v…

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24.10.19

The Times and The Daily Telegraph pay libel damages to Treasury Counsel over alleged errors in Ben Stokes prosecution

The Times and Daily Telegraph have agreed to pay libel damages and legal costs to Treasury Counsel Alison Morgan QC after suggesting that she was facing criticism for selecting the wrong charges in the 2018 prosecution of international cricketer Ben Stokes and responsible for a decision not to charge fellow England cricketer Alex Hales. The…

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Restraint Orders: when is delay reasonable?

The recent decision in R v S [2019] EWCA 1728 requires some close examination in the context of the jurisprudence surrounding Restraint Orders under Proceeds of Crime Act 2002. A Restraint Order is a creature of the Act made at the discretion of a Crown Court judge and operates to freeze assets of a suspect…

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22.10.19

Injunction granted in STI blackmail case

Often it can be difficult to predict with any certainty whether a Court will grant interim injunctive relief.  Combine, however, an extremely wealthy claimant, the subject matter of his sex life, a freely entered into confidentiality agreement, the absence of a genuine public interest, a blackmail threat and Adam Speker, the barrister who is fast-becoming…

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10.10.19

Brett Wilson LLP and its lawyers recommended in Chambers and Partners 2020 directory

Brett Wilson LLP’s Defamation/Reputation Management and Criminal Defence teams have again been recommended by the prestigious Chambers and Partners directory. Partners Iain Wilson (noted for ‘finding solutions to problems that appear impenetrable’) and Max Campbell (described as ‘well regarded in the market for his notable expertise’) have been ranked as leading lawyers in Defamation/Reputation Management. …

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9.10.19

Discontinuance: A Prosecutor’s Get Out of Jail card?

Recent experience in London has shown that Crown Prosecutors are using discontinuance as a method of obtaining more time to prepare for trial. In practical terms, there are two ways the Prosecution can drop a charge which has run into difficulty pre-trial. Offering no evidence Firstly, the Prosecution can ‘offer no evidence’ in court. This…

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27.09.19

Brett Wilson LLP’s departments and lawyers ranked as leaders in their fields in the Legal 500

Brett Wilson LLP has been ranked in three categories in the prestigious Legal 500 directory of leading law firms:- Reputation Management Professional Discipline Crime (General) In addition, media law partners Iain Wilson (described as an ‘innovator’) and Max Campbell (‘thoughtful, high-quality lawyer’) and solicitors Tom Double and Elisabeth Mason have been individually recognised by the directory….

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19.09.19

Man who committed sexual assault whilst sleepwalking is found not guilty by reason of insanity

After a night of drinking with friends in August 2019, Dale Kelly slept in the spare room of his friend’s house.  Kelly’s friend was sleeping with his girlfriend, the victim, in the next room, when Kelly wandered in during the night and allegedly touched her intimately.  Apparently waking up confused as to why he was…

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10.09.19

Search and Seizure Powers under Proceeds of Crime Act 2002

Powers of search and seizure were inserted into the Proceeds of Crime Act 2002 by the Policing and Crime Act 2009 although they did not come into force until relatively recently. These provisions (sections 47A to 47S) provide for the search, seizure and detention of property where certain conditions are fulfilled. The provisions were recently…

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Articles are intended as an introduction to the topic and do not constitute legal advice.

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