Francis FitzGibbon is a KC. He was chair of the Criminal Bar Association from 2016 to 2017.
Until the Supreme Court gave its landmark judgment in R. v. Jogee on 18 February, it was possible for someone to be convicted of a crime which they did not personally commit or intend to commit, under the common law doctrine of joint enterprise. If they were involved with an accomplice in one offence, and they foresaw that the accomplice might go on intentionally to commit another, they...
If Britain votes to leave the EU it will take several years to disentangle what’s to be kept and what discarded from our EU-saturated legislation. The law of the European Union has left few areas of life in the UK wholly untouched even though the EU can only legislate in areas for which it derives what are known as ‘competences’ from the treaties member states have...
After Brexit, the public face of criminal justice will look much the same as it does now. The UK has resisted many of the European Union’s moves towards harmonisation of substantive criminal law and procedure, and it is unlikely to use its new-found freedom from the restraints of EU law to decriminalise things like child pornography, cybercrime and people trafficking. The EU’s...
In a death row appeal soon to come before the US Supreme Court, Robert McCoy will ask whether it is unconstitutional for defence counsel to tell a jury that his client is guilty, in defiance of the accused’s express instructions that he is innocent. McCoy’s lawyer did this in his 2011 murder trial in Louisiana, in a misguided attempt to get his client life imprisonment instead of the death penalty. The lawyer had rejected the opinions of psychiatrists who had found McCoy fit for trial, believing that he was insane and delusional, and that the only way to save his life was to tell the jury he had committed the three murders with which he was charged, in the hope of leniency. The jury promptly convicted McCoy of first-degree murder, and he was sentenced to death.
If you want to appeal against a guilty verdict given by a crown court jury you first have to seek permission from the Court of Appeal. For permission to be granted, a judge has to be satisfied there is an ‘arguable case’ that the conviction was ‘unsafe’. If so, the appeal is heard in full by a panel of three judges. The latest figures show that in 2016-17 the court...
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