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Criminal Defence Lawyers Joseph Neuberger, Michael Bury and Nick Whitfield sit down and discuss the aftermath of their trials and the emerging and alarming changes to our legal system. A behind the scenes inside look into real courtroom drama. Website: http://www.NotOnRecordpodcast.com Sign up to our email list - http://eepurl.com/hw3g99 Social Media Links Twitter: http://www.twitter.com/NotonRecord Instagram: https://www.instagram.com/notonrecordpodcast/ TikTok: https://www.tiktok.com/@notonrecordpodcast Facebook: https://www.facebook.com/notonrecord Telegram: https://t.me/NotOnRecord Minds: http://www.minds.com/notonrecord Audio Platforms Spotify: https://open.spotify.com/show/4F2ssnX7ktfGH8OzH4QsuX Apple Podcasts: https://podcasts.apple.com/us/podcast/not-on-record-podcast/id1565405753 SoundCloud: https://soundcloud.com/notonrecord Stitcher: www.stitcher.com/podcast/notonrecord Google Play: https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5zb3VuZGNsb3VkLmNvbS91c2Vycy9zb3VuZGNsb3VkOnVzZXJzOjk3 Video Platforms Bitchute: https://www.bitchute.com/channel/NoUC84ZKaCd6/ Rumble: https://rumble.com/c/c-842207 For more information on criminal law issues go to Neuberger & Partners LLP http://www.nrlawyers.com. Produced by Benjamin Dichter & Max Silverberg #notonrecord #law #lawyers

Obtaining and verifying consent is a crucial and nuanced process that requires care, respect, and clear communication to avoid misunderstandings and potential legal consequences Questions to inspire discussion Consent Basics 🤝 Q: How should consent be communicated during sexual encounters? A: Consent must be communicated at the time of each sexual act, not just once, and can be expressed through words or actions, not necessarily verbal enthusiastic consent. 🧠 Q: Who determines if consent was given? A: Consent is subjective to the complainant's state of mind, as only the complainant can know their own state of mind during the encounter....

The ongoing bail reform discussions in Canada raise concerns about potential wrongful accusations and systemic issues in the justice system, particularly regarding intimate partner assault and the treatment of detainees awaiting trial   Questions to inspire discussion Bail System Challenges 🏛️ Q: What percentage of people in Ontario's provincial facilities are awaiting trial? A: 80% of people in Ontario's provincial facilities are awaiting trial, often for months or years, due to denied bail and delayed bail hearings. ⏳ Q: How long can bail hearings take to obtain? A: Bail hearings can take days or weeks to obtain, contributing to the...

In sexual assault cases, a defendant's claim of "honest but mistaken belief" of consent is only valid if they took reasonable steps to confirm consent, and this requirement can have implications for how burden of proof is understood and applied   Questions to inspire discussion Legal Framework 🔍 Q: What is the "honest but mistaken belief in communicated consent" defense? A: It's a structured defense codified in Section 273.2(b) of the Criminal Code, requiring the defendant to prove they reasonably believed the complainant communicated consent through words or conduct and took reasonable steps to confirm it. ⚖️ Q: How does...

Police interrogations can violate a person's rights and involve coercive techniques that may lead to false confessions, highlighting the importance of protecting individual rights and ensuring that interrogations are conducted within constitutional limits   Questions to inspire discussion Right to Silence 🤐 Q: What is the fundamental right to silence in Canada? A: The right to remain silent when questioned by police is protected by Section 7 of the Charter, tied to the presumption of innocence and protection from self-incrimination. 🚗 Q: Are there exceptions to the right to silence? A: You must provide information in specific scenarios like operating...