Siobhan Grey QC examines the implications of the recent case of R v Patryk Pachecka and the important role played by the media in overturning a conviction for murder and the significance of scientific and pathological evidence in changing the forensic narrative and leading to the unanimous acquittal of the Defendant. Siobhan Grey QC represented Patryk Pachecka and was instructed by Jason Lartey of Lartey and Co. Click below to read in full. Download Article now To stay up to date with insight articles, webinars and chamber news why not subscribe to Libertas Lens (our periodic newsletter) – Click here to register

This short article draws on a recent Libertas webinar featuring Dr Oliver Quick and our Felicity Gerry QC which reviewed recent cases involving medical, drug and food related deaths and identified areas of ongoing uncertainty and controversy. Felicity defended the appeal in Rebelo where the Court of Appeal of England and Wales considered manslaughter in the context of a diet pill bought online and the scope of women’s autonomy in eating disorders. She has long experience of appearing in cases of homicide involving complex legal and medical issues. Oliver Quick is Reader in Law and Co-Director of the Centre for Health, Law and Society at the University of Bristol. He has written widely about law and patient safety with particular expertise on gross negligence manslaughter. His research was heavily cited in the Independent Review of Gross Negligence Manslaughter and Culpable Homicide established by the General Medical Council.   Download Article now To stay up to date with insight articles, webinars and chamber news why not subscribe to Libertas Lens (our periodic newsletter) – Click here to register

As the ‘Colston Four’ stand trial at Bristol Crown Court this week, Fahrid Chishty assesses a new amendment making its way through Parliament that seeks to tighten the law on criminal damage to monuments and memorials in England and Wales.   Download Article now To stay up to date with insight articles, webinars and chamber news why not subscribe to Libertas Lens (our periodic newsletter) – Click here to register

In light of the serious threat currently posed by the Omicron variant and the challenges this may present to the effective management of Crown Court trials in England and Wales in the months ahead, is it time to consider whether there might be a renewed appetite for judge-alone trials in the Crown Court? Particularly, could accused persons be given the option to waive their right to trial by jury and to opt instead for a judge-alone trial if they wish? Or might such change represent a dangerous thin end of the wedge to the erosion of jury trial for those accused of serious offences? In this article, we examine some of these issues while conducting a comparative analysis of the position in a selection of other common law jurisdictions. Adrian Kayne is experienced as both a Junior and Leading Junior in the following principle practice areas: Fraud and Financial Crime, Homicide, Organised Crime, Sexual Offences, Confiscation, Appeals & General Crime.   Download Article now You might also be interested in our article examining the impact that Covid is having on sentencing. To stay up to date with insight articles, webinars and chamber news why not subscribe to Libertas Lens (our periodic newsletter) – Click here to register

Effective from the 26th January 2022 the Scottish Sentencing Council have produced a sentencing guideline which changes the approach taken to children who find themselves before the criminal courts. The guideline requires the courts to have regard to rehabilitation as a primary feature of the sentencing process – acknowledging that the capacity for change is greater.  Crucially the guideline will apply to all those who are under the age of 25. This article looks at whether enshrining these principles for those who are aged 18-25 would consolidate the ‘cliff-edge’ approach to sentencing that has emerged from a number of Court of Appeal decisions notably in R v Clarke and others [2018] EWCA Crim 185. Marie Spenwyn is a criminal defence practitioner who frequently appears in serious cases involving defendants who are children.  She is a committee member of the Youth Practitioners Association (YPA) and is a member of an ICCA working group tasked with developing a national training course for the bar focusing on representing children in the criminal justice system.   Download Article now To stay up to date with insight articles, webinars and chamber news why not subscribe to Libertas Lens (our periodic newsletter) – Click here to register

This article sets out some of the matters we discussed in our Libertas Lecture on Thursday 28 October 2021 and develops them in the light of a recent decision in Australia. On 10 November 2021 the Supreme Court in Victoria, Australia sentenced a woman to a non-conviction outcome for endangering the life of her 2-year-old child by placing his face in the bathwater for approximately 5 seconds. She was originally charged with attempted murder, a plea to a lesser offence was accepted and a community corrections order was imposed, albeit after she had served many months in custody. The court accepted that the conduct was in the context of a mental health crisis where the mother had self-reported and sought help. This was held to reduce her culpability, and the sentencing judge exercised her discretionary power not to record a criminal conviction.   Download Article now To stay up to date with insight articles, webinars and chamber news why not subscribe to Libertas Lens (our periodic newsletter) – Click here to register

The law governing the possession of firearms is strict and comprehensive. However, not all forms of possession are prohibited. Many people – ranging from police officers to farmers – may have a legitimate reason to possess a firearm. This article goes further into the discussion around collector’s items and more. Click below to read in full. Download Article now To stay up to date with insight articles, webinars and chamber news why not subscribe to Libertas Lens (our periodic newsletter) – Click here to register

This article contains much of what we discussed in our Libertas Lecture on 20 May 2021. The International Criminal Court in The Hague (ICC) simultaneously possesses jurisdiction over a “situation” and individual “cases”. In the context of a situation there may be both victim participation and/or evidentiary issues that may affect the cases against individual accused yet to be identified by the court. This can involve the appointment of so-called “ad hoc defence counsel” to represent the interests of these future accused. Preserving evidence of international crimes, such as war crimes and crimes against humanity, occurs in the pre-trial phase of the case before charges are pleaded or even confirmed. This article goes further into forensic archaeology and its contextual use within both criminal and civil cases and takes a particular focus on counsel’s duties in the pre trial stage at the International Criminal Court Download Article now To stay up to date with insight articles, webinars and chamber news why not subscribe to Libertas Lens (our periodic newsletter) – Click here to register