Source: All England Reporter
Publisher Citation: [2002] All ER (D) 363 (Mar)
Neutral Citation: [2002] EWCA Crim 748
Court: Court of Appeal, Criminal Division

Kennedy LJ, Aikens and Pitchford JJ

Representation Marc Willers (assigned by the Registrar of Criminal Appeals) for the defendant.
  Jamie Eadie (instructed by the Department of Trade and Industry) for the prosecution.
Judgment Dates: 22 March 2002


Criminal law - Bankruptcy offence - Strict liability - Reverse burden of proof - Right to silence - Right against self-incrimination - Whether defendant's conviction unsafe - s 353(3)(a).

The Case

The defendant's conviction for an offence contrary s353(3)(a) of the was safe because in the circumstances of the offence there was no violation of his right to a fair trial pursuant to art 6 of the European Convention on Human Rights.

Practice Areas

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