News & Insights

Unlawful killing following Maughan – new guidance issued by the Chief Coroner

Overview

In the case of R (on the application of Maughan) (Appellant) v Her Majesty’s Senior Coroner for Oxfordshire (Respondent) [2020] UKSC 46, the Supreme Court found, by a majority of three to two, that all conclusions in coronial inquests, including unlawful killing and suicide, whether short form or narrative, are to be determined on the civil standard of proof i.e. ‘on the balance of probabilities’.

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Protecting the protectors: Calls for emergency legislation to prevent the prosecution of healthcare professionals when treating COVID-19 patients 

BCL Solicitors Associate David Hardstaff, a specialist in professional discipline and criminal litigation, discusses recent calls for emergency legislation to protect healthcare professionals from prosecution arising from incidents during the COVID-19 pandemic.

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Licence to kill – will undercover criminal activity be lawful for all purposes?

The Covert Human Intelligence Sources (Criminal Conduct) Bill (‘the Bill’)[1] is making its way through Parliament and is currently at the Report Stage of the House of Lords.[2] If enacted, the Bill will provide the statutory framework for certain public authorities to a) authorise a Covert Human Intelligence Source (‘CHIS’) and b) authorise a CHIS to commit what would otherwise be criminal conduct. Owing to its potential scope, the Bill has come under fire from several political parties and campaign groups, which described the Bill as ‘a licence for government agencies to authorise torture and murder.’[3] The Government meanwhile has stated that a ‘CHIS will never be given unlimited authority to commit any and all crimes.’[4] So why is this happening now and what does this mean?

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