Top Rape Defence Barrister

A conviction for possessing false identity documents was quashed where the offence had erroneously been charged under the Identity Cards Act 2006 s.25(1)(a) instead of the Identity Documents Act 2010 and the Crown conceded that the Criminal Appeal Act 1968 could not be used to substitute an alternative offence.

Where an accused convicted of indecent assault of a man had mistakenly been charged under the Sexual Offences Act 1956 s.14(1) instead of s.15(1) and had been found unfit to stand trial under the Criminal Procedure (Insanity) Act 1964 s.4A, the conviction was unsafe. Section 4A clearly stated that the jury had to be satisfied […]