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It's always interesting to see how readers have come across this blog.  One chap has found me using the words "piss brif".  I'm not sure what he was looking for (maybe a lawyer to defend a gross indecency charge?) but I hope he found something worth reading.

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Are items referred to in s.9’s as exhibits bound to be served?

  Background - CPS served a witness statement on me that exhibited two BWV clips that are potentially relevant to the Crown’s case and may have some relevance to the defence case insofar as they are likely to show the lighting and weather at the time events happened. Somebody has listed the clips as unused material rather than putting them in the exhibits folder that accompanies the served evidence. This raised an interesting (to me anyway) question about whether a party who exhibits an item in a statement is bound to serve it on their opponent. At court the judge took the view that the Crown were at liberty to classify items exhibited in s9s as unused material if they chose not to rely upon them in evidence. I took the view that if they are exhibited then they must be served along with the witness statement that exhibits the item and that the solution to a situation where the Crown say they are now unused is to edit the witness statement to remove the reference, by agreement with ...
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Is there twice as much violent crime in the UK versus the USA?

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The tweet from Charlie Kirk I came across a screenshot of a Twitter post while on Facebook this morning. The original post now has 11,000 retweets and 23,000 likes on Twitter. As you can see from the picture somebody called Charlie Kirk, who is a right-wing American commentator, claims that there are 933 violent crimes in the UK per 100,000 people. This is more than double the rate he claims for the USA where he says there are only 399 violent crimes per 100,000 people. The UK doesn’t feel that violent to me, so is it true? We’re all gonna die According to the FBI, in 2016 there were 1,248,185 violent crimes committed across the whole of the USA. That is an increase of 4.1% on the 2015 figure but still represented only 386.3 violent crimes per 100,000 people . So, Mr Kirk appears to be slightly overestimating the violent crime in the USA. I should say that I am using the 2016 figures as those are the latest available on the FBI website, so maybe he has slightly differe...
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Driving without insurance

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Insurance is a contract that remains in force until it expires or is cancelled As you may, or may not, know I specialise in motoring law and most of my work involves defending people accused of drink driving . With the drink driving often come other road traffic offences such as driving while disqualified and driving without insurance. It’s driving without insurance I want to talk about today because I think far too many police officers, solicitors, barristers and judges miss a key legal point when looking at these cases. I’ve received prosecution papers today for somebody accused of driving while disqualified and driving without insurance. The no insurance element is claim that the suspect did not tell the insurer about the disqualification. In his statement, the police officers says, “ [I] contacted [the insurer] who called me back informing me they would not consider the insurance policy valid as there were no convictions disclosed.” Looks like an open an...
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