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Criminal Law
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Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Course Aims:

This podcast will explore some of the most pertinent Non Accidental Head Injury/Shaken Baby Syndrome cases in the last decade. It will then consider the recent guidance for prosecutors re-issued by the Crown Prosecution Service in January 2011. It will look at the evidence needed in order to prove a NAHI case and how to resist challenges from the defence. It will consider how to deal with expert evidence and set out the relevant Criminal Procedure Rules which must be complied with in these cases.

After completing the course you will:
  • Be familiar with the relevant case law on the topic;
  • Know how to approach expert evidence;
  • Have a basic understanding of the different expert opinions on the causes of the triad of intracranial injuries and the courts approach when experts disagree;
  • Be alive to the pre trial case management issues in these cases;
  • Appreciate some of the charging considerations in these cases;
  • Know what constitutes supporting evidence in addition to medical evidence;
  • Understand the main challenges by the defence to allegations of Non Accidental Head Injury of a baby and the courts approach in recent cases;
  • Know which of the Criminal Procedure Rules 2010 are relevant and will need to be adhered to.
Intermediate Difficulty: 3 of 5
Case Update
Legal Principles
Practical Guide
Sources and References:
  • CPS Guidance;
  • Criminal Procedure Rules 2010;
  • Clark, R v [2000] EWCA Crim 54 (2nd October, 2000);
  • Clark, R v [2003] EWCA Crim 1020 (11 April 2003) ;
  • Re LU and LB [2004] EWCA Civ 567 R v Cannings [2004] EWCA Crim 01;
  • R v Harris, Rock, Cherry and Faulder [2005] EWCA Crim 1980;
  • R v Kai-Whitewind [2005] EWCA Crim 1092;
  • R v Allen [2005] EWCA Crim 1344;
  • A Local Authority v S [2009] EWHC 2115(Fam);
  • R v Reed and Reed; R v Garmson [2009] EWCA Crim 2698;
  • R v Henderson, Butler and Oyediran [2010] EWCA Crim 1269;
  • “Sudden unexpected death in infancy” from the Royal College of Pathologists and the Royal College of Paediatrics and Child Health (September 2004);
  • Wate, R and Marshall, D. (2009). Effective Investigation of Intra Familial Child Homicide and Suspicious Death. The Journal of Homicide and Major Incident Investigation, volume 5, issue 2. ACPO/NPIA: London.;
  • Risk Factors for Intra-familial Unlawful and Suspicious Child Deaths: A retrospective study of cases in London. Mayes, Brown, Marshall, Weber, Risdon, Sebire (2010) Cohen, M.C. and I. Scheimberg.;
  • Evidence of occurrence of intradural and subdural haemorrhage in the perinatal and neonatal period in the context of hypoxic ischemic encephalopathy. An observational study from two referral institutions in the United Kingdom. Paediatric Developmental Pathology, 2008: p. 1.;
  • Geddes JF, Plunkett J. The evidence base for the shaken baby syndrome. BMJ 2004; 328: 719-20. (27 March.);
  • The NPIA National Injuries Database.

This podcast considers some of the most pertinent Non Accidental Head Injury cases involving children (formerly known as Shaken Baby Syndrome) and the recent Crown Prosecution Service guidance on prosecuting these cases.

Podcast added: 10/02/11

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