Crime Newsletter – July 2022

July 29, 2022

Welcome to the latest edition of our Crime Newsletter, which we hope you will find useful. In this edition:

M’Naghten Rules – defence of insanity 
Drawing on a recent case, Ian Harris comments on the defence of insanity in the modern day, following The Court of Appeal’s revisitation of the rules established in Daniel M’Naghten’s case (1843) C & F 200

The Domestic Abuse Act 2021 – Non fatal strangulation or suffocation
Anna Bond reflects on the recent law change in the Domestic Abuse Act (2021), surrounding the issues of non-fatal strangulation or suffocation.

Amendments to the Automatic Release Provisions for Specified Offences
In this article, pupil barrister Rhianydd Clement discusses the recent amendments to the automatic release provisions for specified offences.

Special Reasons vs Exceptional Hardship – what’s the difference? 
Two of the most common arguments advanced when a defendant is at risk of losing his or her license are Special Reasons and Exceptional Hardship. In this article, pupil barrister Hannah Forsyth explores the differences between the two justifications, in the context of motoring crimes.

R (on the application of) Musfer Jabbar v The Sheffield Crown Court v The Direction of Public Prosecutions, The Lord Chancellor [2022] EWHC 516 (Admin)
Rhianydd Clement comments on the case of Musfer Jabbar v The Sheffield Crown Court v The Direction of Public Prosecutions, The Lord Chancellor [2022] EWHC 516, with a focus on the issues surrounding the bail application.