In this week's Criminal Law update, we delve into the recent judgments from the Court of Appeal Criminal Division, exploring key issues in evidence admissibility, sentencing, and fair trial rights. The podcast focuses on the significant Scottish cases of Daly v His Majesty's Advocate and Keir v His Majesty's Advocate, where the Supreme Court examined the admissibility of a complainer’s past behaviour in sexual offence trials under the European Convention on Human Rights. We also review pivotal English cases such as R v Chamdal, which addresses the sentencing of environmental offences and highlights the complexities of strict liability. Further cases like R v UCS and R v TJ underscore the challenges in ensuring proportionality in sentencing, particularly involving young offenders and sexual offences. Finally, the podcast discusses the implications of R v Cunningham and others, which illustrates the critical importance of correct jury instructions in joint-enterprise situations. Together, these cases reflect a modern approach to criminal law, balancing the protection of vulnerable parties, rights respecting evidence practices, and ensuring fair trial principles are upheld.

Cases referred to in this podcast:

Daly v His Majesty's Advocate [2025] UKSC 38

Keir v His Majesty's Advocate [2025] UKSC 38

R v Chamdal [2025] EWCA Crim 1384

R v UCS [2025] EWCA Crim 1411

R v TJ [2025] EWCA Crim 1275

R v M&M Solicitors [2025] EWCA Crim 1450

R v Cunningham and others [2025] EWCA Crim 1361

Cases referred to in this podcast and earlier podcasts can be found at: https://drive.google.com/drive/folders/1HONdKkVUj26H1zeuukOd8R4eE6dPZleT?usp=share_link