Episode 1 - The Crime, the Arrest, the Police Station

Episode 1 - The Crime, the Arrest, the Police Station

This episode starts with a crime, or an allegation of a crime, and moves through the process of arrest and detention at the police station. You will discover what the law really says about arrest and what rights are afforded to citizens who are detained and taken into police custody. What rights do they really have? How long can a suspect be kept in custody without charge? What does the right to legal advice really mean and how can it help? How might the police abuse those rights? Why might a suspect stay silent and, if they do, what are the consequences? And meet Aidan, Bianca & Conor and why they are about to face questioning for a serious allegation of wounding with intent, the allegation that will take one or more of them on a journey through the criminal justice system in England & Wales and all the way to trial by jury, sentence and appeal. Throughout this podcast I have referred to legislation, cases and relevant Codes of Conduct. Please refer to the links in the notes to access this information yourself. For additional detailed reading on many aspects of what is covered throughout this series of podcasts, please go to Defence-Barrister.co.uk See podcast notes for links to cases, statutes and codes of practice referred to in this podcast. You can also find these notes at https://www.defence-barrister.co.uk/defence-barrister-podcast

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Episoder(27)

Series 2 Episode 11 - Appeals from the Magistrates’ Court - Conviction, Sentence, Case Stated and Judicial Review

Series 2 Episode 11 - Appeals from the Magistrates’ Court - Conviction, Sentence, Case Stated and Judicial Review

In this episode as we continue with appeals, we hear about how people who have had their case heard in the magistrates’ court can appeal against their conviction and sentence and what actually happens...

6 Nov 202440min

Series 2 Episode 10 - When the Prosecution Appeal - Unduly Lenient Sentences and Points of Law

Series 2 Episode 10 - When the Prosecution Appeal - Unduly Lenient Sentences and Points of Law

Content warning. This episode contains details (relevant to the legal issues being considered) of a case concerning the murder of a young woman in terrible circumstances which may cause distress to li...

30 Okt 202439min

Series 2 Episode 9 - Appeals after Pleading Guilty

Series 2 Episode 9 - Appeals after Pleading Guilty

Withdrawing a guilty plea and appeals following a plea of guilty. What do you do if you have pleaded guilty to a criminal offence, but now realise you were not in fact guilty? In this episode we find ...

22 Okt 202436min

Series 2 Episode 8 - Double Jeopardy and Wrongful Acquittals

Series 2 Episode 8 - Double Jeopardy and Wrongful Acquittals

Is there such a thing as an appeal against a verdict of Not Guilty? In this episode we look at the law on what is commonly known as double jeopardy, the idea (entrenched in law for many hundreds of ye...

15 Okt 202433min

Series 2 Episode 7 - The Appeal of Aidan Johnson

Series 2 Episode 7 - The Appeal of Aidan Johnson

In this episode we go to the Court of Appeal Criminal Division to hear the appeal of Aidan Johnson against his conviction for the murder of Daniel Clarke. Seeking to overturn the conviction on the gro...

8 Okt 202430min

Series 2 Episode 6 - How disclosure really works

Series 2 Episode 6 - How disclosure really works

In this episode, we take a deep dive into disclosure, that is how disclosure in criminal cases should actually work and why it is of vital importance in every criminal trial.  What do the rules actual...

1 Okt 202434min

Series 2 Episode 5 - When trials go wrong Part 2 - Identification, Science and Non-Disclosure

Series 2 Episode 5 - When trials go wrong Part 2 - Identification, Science and Non-Disclosure

Identification, science and non-disclosure as grounds of appeal in criminal cases Warning: this episode contains a criminal appeal case in which limited reference is made to sexual violence. Listener ...

24 Sep 202435min

Series 2 Episode 4 - When trials go wrong Part 1 - Grounds of appeal against conviction

Series 2 Episode 4 - When trials go wrong Part 1 - Grounds of appeal against conviction

Today we turn to grounds of appeal, i.e. the reasons why it is said that the jury's verdict is unsafe. And we look at a number of common grounds of appeal and the cases where they have been considered...

17 Sep 202440min

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