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  • Commentaries

interpreting-& Case Commentaries

Obligation to Present Relevant Evidence in s.50 Refoulement Assessments: Ministerial Reliance on Unchallenged Protection Decisions

Obligation to Present Relevant Evidence in s.50 Refoulement Assessments: Ministerial Reliance on Unchallenged Protection Decisions

Date: Mar 29, 2025
Obligation to Present Relevant Evidence in s.50 Refoulement Assessments: Ministerial Reliance on Unchallenged Protection Decisions Introduction This commentary examines the High Court’s ruling in J....
Balancing Deterrence and Individualised Sentencing for Youth Offenders: Clarifying the Role of Section 250 and Totality in R v Martin [2025] EWCA Crim 494

Balancing Deterrence and Individualised Sentencing for Youth Offenders: Clarifying the Role of Section 250 and Totality in R v Martin [2025] EWCA Crim 494

Date: Mar 29, 2025
Balancing Deterrence and Individualised Sentencing for Youth Offenders: Clarifying the Role of Section 250 and Totality in R v Martin [2025] EWCA Crim 494 Introduction R v Martin [2025] EWCA Crim 494...
Clarifying Custodial Sentencing for Young Offenders and Totality Principles in Multiple Offences

Clarifying Custodial Sentencing for Young Offenders and Totality Principles in Multiple Offences

Date: Mar 29, 2025
Clarifying Custodial Sentencing for Young Offenders and Totality Principles in Multiple Offences 1. Introduction This commentary examines the Court of Appeal’s decision in BNE & Anor, R. v ([2025]...
A New Precedent on Adjustments for Delay in Sentencing: The Sked & Ors R. v ([2025] EWCA Crim 351) Judgment

A New Precedent on Adjustments for Delay in Sentencing: The Sked & Ors R. v ([2025] EWCA Crim 351) Judgment

Date: Mar 28, 2025
A New Precedent on Adjustments for Delay in Sentencing: The Sked & Ors R. v ([2025] EWCA Crim 351) Judgment Introduction The Court of Appeal’s recent decision in Sked & Ors, R. v ([2025] EWCA Crim...
The Timing Principle in Immigration Detention: Lawful Examination Versus Unlawful Post-Examination Detention

The Timing Principle in Immigration Detention: Lawful Examination Versus Unlawful Post-Examination Detention

Date: Mar 28, 2025
The Timing Principle in Immigration Detention: Lawful Examination Versus Unlawful Post-Examination Detention Introduction The judgment in Tazeem, R (On the Application Of) v Secretary of State for...
Dunning v R: Affirmation of the False-Trail Doctrine in Assisting an Offender under s.4 CLA 1967

Dunning v R: Affirmation of the False-Trail Doctrine in Assisting an Offender under s.4 CLA 1967

Date: Mar 28, 2025
Dunning v R: Affirmation of the False-Trail Doctrine in Assisting an Offender under s.4 CLA 1967 Introduction Dunning, R. v [2025] EWCA Crim 464 is a decision of the England and Wales Court of Appeal...
Clarifying the Totality Principle in Sentencing Multiple Deaths by Careless Driving

Clarifying the Totality Principle in Sentencing Multiple Deaths by Careless Driving

Date: Mar 28, 2025
Clarifying the Totality Principle in Sentencing Multiple Deaths by Careless Driving Introduction In Burdett, R. v [2025] EWCA Crim 487, the England and Wales Court of Appeal (Criminal Division)...
Mirza v R [2025] EWCA Crim 482: Reinforcing the Principle of Discouraging Unmeritorious Criminal Appeals

Mirza v R [2025] EWCA Crim 482: Reinforcing the Principle of Discouraging Unmeritorious Criminal Appeals

Date: Mar 28, 2025
Mirza v R [2025] EWCA Crim 482: Reinforcing the Principle of Discouraging Unmeritorious Criminal Appeals Introduction In Mirza, R. v ([2025] EWCA Crim 482), the Court of Appeal (Criminal Division)...
Deliberate Excessive Speed and Category A Sentencing: New Guideline Application in Akbar v R [2025] EWCA Crim 461

Deliberate Excessive Speed and Category A Sentencing: New Guideline Application in Akbar v R [2025] EWCA Crim 461

Date: Mar 28, 2025
Deliberate Excessive Speed and Category A Sentencing: New Guideline Application in Akbar v R [2025] EWCA Crim 461 Introduction Akbar v R ([2025] EWCA Crim 461) is a Court of Appeal decision...
Mirza v R: Upholding Stringent Merit and Timeliness Standards for Criminal Appeal Extensions and Cost Sanctions

Mirza v R: Upholding Stringent Merit and Timeliness Standards for Criminal Appeal Extensions and Cost Sanctions

Date: Mar 28, 2025
Mirza v R: Upholding Stringent Merit and Timeliness Standards for Criminal Appeal Extensions and Cost Sanctions 1. Introduction In the Court of Appeal (Criminal Division) decision Mirza, R. v [2025]...
Clarification of Categories and Extended Sentencing for Attempted Murder under the Sentencing Act 2020: Popescu v R [2025] EWCA Crim 567

Clarification of Categories and Extended Sentencing for Attempted Murder under the Sentencing Act 2020: Popescu v R [2025] EWCA Crim 567

Date: Mar 28, 2025
Clarification of Categories and Extended Sentencing for Attempted Murder under the Sentencing Act 2020 Introduction This commentary examines the Court of Appeal decision in Popescu, R. v (EWCA Crim...
Clarifying the Non-Liveness of Reasonable Belief in Consent under the 2009 Sexual Offences Act

Clarifying the Non-Liveness of Reasonable Belief in Consent under the 2009 Sexual Offences Act

Date: Mar 27, 2025
Clarifying the Non-Liveness of Reasonable Belief in Consent under the 2009 Sexual Offences Act Introduction This commentary examines the appellate decision delivered on 25 March 2025 by the Scottish...
Establishing Rigorous Standards for Evaluating Witness Credibility and Retraction Reliability in Criminal Appeals – The Calvert Precedent

Establishing Rigorous Standards for Evaluating Witness Credibility and Retraction Reliability in Criminal Appeals – The Calvert Precedent

Date: Mar 27, 2025
Establishing Rigorous Standards for Evaluating Witness Credibility and Retraction Reliability in Criminal Appeals – The Calvert Precedent Introduction The case of Calvert, R. v ([2025] EWCA Crim 345)...
New Precedent on Compassionate Release: Reassessing Governors’ Delegated Authority under the ERCG Policy

New Precedent on Compassionate Release: Reassessing Governors’ Delegated Authority under the ERCG Policy

Date: Mar 27, 2025
New Precedent on Compassionate Release: Reassessing Governors’ Delegated Authority under the ERCG Policy Introduction In Neophytou, R (On the Application Of) v Governor of HMP Berwyn & Anor ([2025]...
Supreme Court Endorses Local Authority Power to Restrict Voting in Planning Decisions

Supreme Court Endorses Local Authority Power to Restrict Voting in Planning Decisions

Date: Mar 27, 2025
Supreme Court Endorses Local Authority Power to Restrict Voting in Planning Decisions 1. Introduction In The Spitalfields Historic Building Trust, R. (on the application of) v London Borough of Tower...
Sheikh v R: Admissibility of Civil Findings in Criminal Trials and Sentencing Principles in Stalking Offences

Sheikh v R: Admissibility of Civil Findings in Criminal Trials and Sentencing Principles in Stalking Offences

Date: Mar 27, 2025
Sheikh v R: Admissibility of Civil Findings in Criminal Trials and Sentencing Principles in Stalking Offences Introduction Sheikh v R ([2025] EWCA Crim 566) was decided by the England and Wales Court...
Striking Out Vexatious Claims Under Order 19 Rule 28: A Comprehensive Analysis of the Judgment

Striking Out Vexatious Claims Under Order 19 Rule 28: A Comprehensive Analysis of the Judgment

Date: Mar 27, 2025
Striking Out Vexatious Claims Under Order 19 Rule 28: A Comprehensive Analysis of the Judgment Introduction This commentary provides an in‐depth review of the recent High Court judgment dismissing...
New Legal Principle: Fair Procedures Before Suspension in Visa Application Practice

New Legal Principle: Fair Procedures Before Suspension in Visa Application Practice

Date: Mar 27, 2025
New Legal Principle: Fair Procedures Before Suspension in Visa Application Practice Introduction The case of Cosgrove [Practising under the style and title of Aidan T Stapleton Solicitors] v Minister...
Morris Clarification: Correcting Drug-Quantity Miscalculations in Class-A Sentencing and the Operation of s.385 Sentencing Act 2020

Morris Clarification: Correcting Drug-Quantity Miscalculations in Class-A Sentencing and the Operation of s.385 Sentencing Act 2020

Date: Mar 27, 2025
Morris Clarification: Correcting Drug-Quantity Miscalculations in Class-A Sentencing and the Operation of s.385 Sentencing Act 2020 Introduction The Court of Appeal (Criminal Division) in R v Morris...
New Precedent on Procedural Integrity and Fairness in Probationary Extensions: A Commentary on Busher v Commissioner of An Garda Siochána & Ors ([2025] IEHC 173)

New Precedent on Procedural Integrity and Fairness in Probationary Extensions: A Commentary on Busher v Commissioner of An Garda Siochána & Ors ([2025] IEHC 173)

Date: Mar 27, 2025
New Precedent on Procedural Integrity and Fairness in Probationary Extensions Introduction The judgment in Busher v Commissioner of An Garda Síochána & Ors ([2025] IEHC 173) presents a detailed...
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