Could the notion of a "digital strip search" in sexual offence cases be more myth than reality? In this episode, we tackle the intricacies of digital disclosure, focusing on how unused material can tip the scales of justice. With technology, social media, and AI revolutionising the legal landscape, we dissect the nuances of the Criminal Procedure and Investigations Act 1996 and its impact on both prosecution and defence strategies. From the misunderstood dynamics of rape cases to the role of digital evidence, we unpack the layers of complexity surrounding these sensitive topics.

A deep dive into cases like McPartland and Grant unveils the challenges of accessing potential digital evidence and the shadow of heightened judicial scrutiny. We explore the principles set by the judiciary to balance necessity and privacy, and consider how these guidelines affect the pursuit of digital evidence. We also discuss the evolving court processes, which are shifting towards an inquisitorial approach to streamline proceedings and uphold fair trial standards, even amidst complex digital investigations.

The episode also sheds light on ethical considerations and recent procedural updates that promise transparency in prosecutorial decisions. Hear about the importance of the Victim's Right of Review which has been extended and is currently being run in pilot form in the West Midlands. If successful, this has the potential to see more perpetrators brought to justice and victims feeling more involved in the outcome of a prosecution.

With practical insights into the evolving nature of criminal proceedings, we aim to provide clarity and assurance to both legal professionals and those navigating the court system. Digital disclosure is not just about the evidence, but the ethical pathways that lead to justice.

For more information or to book a place on a forthcoming course please visit legal-eagle-training.com.

Documents and references in the podcast can be found here:

R v Bater-James [2020] EWCA Crim 790

https://www.bailii.org/ew/cases/EWCA/Crim/2020/790.html

Attorney General’s Guidelines on Disclosure - 2024

https://www.gov.uk/government/publications/attorney-generals-guidelines-on-disclosure

Extraction of Information from electronic devices: code of practice

https://assets.publishing.service.gov.uk/media/634810a38fa8f53463dcb957/E02802691_Electronic_Devices_Code_of_Practice_WEB.pdf

Radio 4 - Women’s Hour – Interview with Max Hill QC – then DPP

https://www.bbc.co.uk/sounds/play/m000x1fh

Extension of Victims Right to Review

Crown Prosecution Service Website:

https://www.cps.gov.uk/west-midlands/news/survivors-rape-and-serious-sexual-assault-given-right-have-dropped-cases

In the latest episode of the podcast we highlight criminal cases over the last 12 months from the King’s Bench Division, and their implications for legal practitioners.

Our first case is a 2024 legal decision involving identification evidence in a case with a young man at a petrol station. We scrutinise the police officer's evidence, the timing of note-taking, and the absence of an identification parade, all of which underscore the procedural nuances that can influence case outcomes.

Grier v DPP [2024] EWHC 1493 (Admin)

We follow that with a critical examination of bail, spotlighting a judicial review at Croydon Crown Court. Hear about the significant changes introduced by the Criminal Justice Act 2003, including the limited avenues for defendants to appeal bail decisions. Referencing Article 5 of the European Convention on Human Rights, we share insights from a compelling case involving alleged forced marriage and assault, unraveling the intricacies of pre-recorded cross-examinations and the trial judge's reasoning in bail applications.

W, X, Y, Z v Croydon Crown Court [2024] EWHC 3373 (Admin)

We also unpack the interpretation of zombie knife legislation through the 2024 case of Thompson v CPS.

Thompson v CPS [2024] EWHC 470 (Admin)

We then turn to the issue of res gestae evidence in domestic abuse cases involving absent witnesses. The case of Barton was originally stayed as an abuse of process. Hear what the Divisional Court had to say about that decision.

DPP v Barton [2024] EWHC 1350 (Admin)

We then move to appeals to the Crown Court from the Magistrates’ Court, after a direction to convict from the Divisional Court:

Cuciurean v CPS [2024] EWHC 848 (Admin)

This episode culminates with an analysis of the challenge of removing police cautions, illustrated by Mr. Puri's story.

Puri v CC of Thames Valley Police [2024] EWHC 160 (Admin)

A Regal Review - Cases from the King’s Bench Division - will be a regular feature of the podcast as we shine a light on intricacies, essential preparation and potential pitfalls legal practitioners must navigate in today's judicial landscape.

For more information or to book a place on a forthcoming course please visit legal-eagle-training.com

What if the laws meant to keep our roads safe are actually criminalising responsible drivers?

Join us as we navigate the intricate world of alcohol and drug-related driving laws, dissecting the history and implications of the Road Traffic Act of 1988 and the pivotal introduction of Section 5A in 2015. This episode questions whether the rigid legal standards genuinely serve public safety or if they unjustly label drivers without evident impairment. We also explore the societal and legal frameworks that shape our understanding of impaired driving today.

Navigating the legal labyrinth of drug driving offences is no small feat - especially for lawyers tasked with representing affected clients. The strict liability nature of these laws often leaves individuals with limited choices, as exceeding legal drug limits usually results in a guilty plea. Our discussion highlights the challenges posed by the absence of early release schemes for drug offences and the impact of the 2023 Sentencing Council guidelines, which aim to provide a clearer path for magistrates and judges. We underscore the profound consequences these frameworks have on individuals' lives, emphasising the need for informed awareness and understanding.

Finally, we turn the spotlight on the medical defences available under Section 5A, illustrating how defendants can challenge the prosecution when evidence is presented. We share anecdotes about the realities of roadside testing and the legal complexities surrounding refusals, such as needle phobias and religious beliefs, which can sometimes offer a "reasonable excuse."

Featuring the usual anecdotes and expert insights, this episode explores the challenges and controversies surrounding roadside testing and legal defences, underscoring the justice system's ultimate goal - to deter dangerous driving and protect public safety.

For more information or to book a place on a forthcoming course please visit legal-eagle-training.com