The government has decided to increase the sentencing powers of magistrates, allowing them to impose prison sentences of up to 12 months for a single either-way offence. This decision marks a doubling of their previous sentencing limit, which was capped at six months....
HMP Manchester, historically known as Strangeways, was placed under special measures in October 2024 due to several critical issues highlighted during an inspection. The conditions found were alarming: Drug Problems: The prison was reported to have ‘catastrophic...
The newly released report from Victim Support, titled Suffering for Justice, reveals that the court process is severely re-traumatising victim-survivors of sexual violence, contributing to mental health crises including post-traumatic stress disorder (PTSD), suicidal...
Raneem’s Law is a new initiative aimed at enhancing responses to domestic violence, named in memory of Raneem Oudeh, who, along with her mother Khaola Saleem, was murdered by Raneem’s ex-partner, Janbaz Tarin, in Solihull, UK, in 2018. This initiative is...
The Home Secretary’s announcement on October 4, 2024, about an international plan to combat criminal gangs smuggling illegal migrants into G7 nations represents a significant collaborative effort among leading global democracies to address the challenges posed...
Young offender institutions house children and young people who have committed a criminal offence. They play a vital role in helping to turn around the lives of these children and young people. They are meant to offer at least 15 hours of education a week. A joint...
Sam Nundy, Associate Litigation Manager at Levy & Co, represented Virginia McCullough, who was charged with the murder of her mother and father at the family home, after which she concealed the bodies in the house, where she then continued to live for four years...
This week a report (“Kroll Report”) exposed further weaknesses in the Post Office’s IT systems, revealing that many more subpostmasters may have been wrongfully accused of fraud. The Kroll report and its findings on the Post Office’s Capture...
Some of Britain’s most notorious cold cases could be solved with the help of artificial intelligence after a trial found it can review evidence which would take 81 years of man-hours in less than two days. A trial by Avon and Somerset Police, using an...
Justice Secretary Shabana Mahmood has announced a significant policy shift aimed at addressing the overcrowding crisis in the UK’s prison system, particularly focusing on reducing the number of women in prison. The decision arises partly as a result of severe...
The government is considering giving magistrates in England and Wales the power to issue longer custodial sentences, potentially doubling the maximum term from six to 12 months. This proposal is aimed at reducing the backlog in crown courts and easing pressure on...
Legislation has been laid in Parliament to ban xylazine and 21 other dangerous drugs as part of the government’s action to prevent drug deaths and crack down on drug dealing gangs. Xylazine, often known as ‘tranq’, is a high-strength veterinary sedative, which has...
The Institute of Economic Affairs (‘IEA’) has published a damning report into the performance of the Serious Fraud Office (‘SFO’) and argues that it should be reformed into a Serious Economic Crime Office (SECO) with a wider remit covering...
Elliott Moulster, in-house advocate instructed by Paul Block, acted for TW who faced two separate indictments at Chelmsford Crown Court. One indictment consisted of a residential robbery involving the use of a weapon by a co-defendant. The second consisted of an...
Following widespread public disturbances over the last few days, the police will likely seek to arrest many hundreds of suspects in the coming weeks. Some people may be expecting that early morning knock, but others may well be surprised to learn that they are thought...
On 18th July 2024, Judge Christopher Hehir sentenced five defendants convicted of conspiracy to cause a public nuisance for coordinating direct action protests on the M25 over four days in November 2022. One defendant received a sentence of 5 years; the other four...
On Thursday 25th July 2024 parliament debated and then approved a draft statutory instrument titled The Criminal Justice Act 2003 (Requisite and Minimum Custodial Periods) Order 2024. When implemented on September 10, 2024, this measure will afford some prisoners...
In 2015, then-Home Secretary Theresa May established an inquiry into undercover policing and the operation of the Metropolitan Police’s Special Demonstration Squad (SDS). The inquiry will consider the deployment of police officers as covert human intelligence sources...
The Law Commission has published a consultation paper reviewing the law on contempt of court. The Law Commission proposes to do away with centuries-old distinctions between “criminal contempt” and “civil contempt” in favour of a modern, streamlined set of contempt...
Elliott Moulster, In-house Court Advocate, acted for LD who faced one allegation at the Magistrates Court concerning the possession of a bladed article. LD was alleged to have taken a bladed article from his home address to confront individuals that had assaulted...
Between 24 and 28 June 2024, Europol hosted an investigation targeting buyers of live distant child abuse material. The initiative brought together representatives from Austria, Belgium, France, Germany, the Netherlands, Spain, Sweden, Norway, the United Kingdom and...
Section 199 of the Economic Crime and Corporate Transparency Act 2023 creates a new offence of failing to prevent fraud. The offence is expected to come into force in early 2025, giving businesses time to prepare for it. The new offence of failure to prevent fraud is...
A man walks into a betting shop or uses a gambling website and places a £100 bet on the date of the general election. Three days later, the Prime Minister names the day, and the man wins his bet. On the face of it, this is unremarkable. People bet on all kinds of...
When advising on the consequences of a criminal conviction, the focus is primarily on the immediate sentence, which can range from a discharge to life imprisonment with no prospect of release. Of course, many other things must be considered, such as banning or...
Most people will have encountered people who sell streaming devices that allow them to access paywalled content, often for a one-off fee as low as £100. Given that many people pay in excess of that for a single month of SKY TV access, it is no wonder that the sale of...
People charged with criminal offences often consider whether they really need a lawyer in court, even in circumstances where legal aid is freely available. Defendants who may have to pay for representation will also often proceed without legal advice, but is it a good...
The Automated Vehicles Act 2024 was passed into law on May 20, 2024. Over the coming months and years, manufacturers will launch new driving features. These features may lead to the ‘driver’ simply sitting back and enjoying the ride. We could just call it...
he National Council of Civil Liberties (“Liberty”) successfully challenged the legality of Regulations adopted by the Secretary of State which have the effect of lowering the threshold for police intervention in processions and assemblies by persons wishing to...
For the first time, Governors will be able to impose “payback punishments” on prisoners who behave badly in jail, such as damaging prison property or being disrespectful to staff. Punishments will vary from prison to prison, but could include repairing broken items,...
The backlog of cases in the criminal courts continues to grow. At the same time, there appears to be a shrinking pool of advocates, in particular barristers, available to prosecute and defend cases. In relation to some of the more specialised work, in particular...
The recent case of HM Solicitor General v Trudi Warner has shone a light on a little-known but now increasingly prominent issue of “jury equity”. The issue is neatly summarised in this part of the judgment: The trial of a number of defendants affiliated...
The Investigatory Powers (Amendment) Act 2024 received Royal Assent on 25 April 2024. The government has described the Act as: ‘New laws to protect our citizens from threats such as terrorism and child sexual abuse.’ Which will: ‘…ensure the...
Significant amendments are being brought into force on 29/04/2024 which impact the Family Procedure Rules (FPR), which are the rules that govern the procedures used in family law in England & Wales. One change is in relation to broadening the wording used in court...
It is widespread for drugs to contain an adulterant or cutting agent, and the presence of cutting agents often leads to arguments when it comes to sentencing. There are typically two scenarios. The first is where, during the police investigation, a large amount of...
It’s crucial for clients to understand that the information shared with their lawyer is privileged, meaning it will remain confidential in almost all circumstances. This rule, known as legal privilege, is a cornerstone of our justice system, providing you with a...
New public order powers to prevent individuals from causing repeated serious disruption came into force on 5th April 2024. The Government says that: “In recent years, we have seen an increase in protest tactics that are dangerous and cause serious disruption....
In the case of Attorney General’s Reference on a Point of Law No 1 of 2023 [2024] EWCA Crim 243, the Court of Appeal considered the defence of “lawful excuse” in the context of criminal damage committed by protestors. In 2020, a group targeted the...
A package of six new sentencing guidelines for offenders convicted of immigration offences in England and Wales have been published by the independent Sentencing Council following changes in legislation. Under the proposals, judges and magistrates will – for the...
The government has introduced the Post Office (Horizon System) Offences Bill before Parliament; if passed, the resultant Act will automatically overturn convictions for certain offences linked to the Post Office Horizon scandal. The Post Office Horizon IT scandal has...
The EU retail drug market is estimated to be worth more than EUR 30 billion annually, making it a major source of income for organised crime. Europe occupies a central position in drug supply and trafficking, as evidenced by the large-scale production of cannabis and...
The Spring Budget was delivered by the Chancellor Jeremy Hunt on the 6th March 2024 and offered little by way of comfort so far as the criminal justice system is concerned. Overall departmental spending is said to rise by 1%, but this is not evenly spread, with...
Measures have been signed into law recently to ban the keeping of primates as pets. The legislation brings in a licensing scheme setting strict rules to ensure that only private keepers who meet new welfare and licensing standards will be able to keep primates,...
The Prison and Young Offender Institution (Adjudication) (Amendment) Rules 2024 come into force on 31 May 2024 and will make a number of important changes in relation to prisoner discipline and punishment. These changes are intended to improve behaviour management in...
Pupil non-attendance is a deeply worrying issue and statistics demonstrate that the problem has significantly worsened since the pandemic, with increasing numbers of children seemingly lost to the education system. This is on top of the numbers of children missing...
The latest government statistics give an interesting insight into the continuing prevalence of knife crime in England & Wales. The year-end figure for all knife offences shows a 2% decrease in offending, but this still represents an increase of 17% compared to a...
Many people ask this question, either because they know they are not eligible for legal aid or perhaps think they are not eligible, even though they have not checked this with a solicitor. A recent study by Dr Charlotte Walker of York St John University revealed the...
Draft guidelines for sentencing offenders convicted of blackmail, kidnap or false imprisonment, were published by the independent Sentencing Council. Under the proposals judges will, for the first time, have dedicated guidelines to follow when sentencing these...
There are lots of different offences that might be categorised as “anti-social behaviour”, and these are routinely prosecuted in the criminal courts. In many cases, the individual instances of criminality are towards the lower end of the scale. They are...
There has been a lot of press coverage following reports before Christmas that the Court of Appeal had freed a woman prisoner due to her being pregnant. The lady had previously received a mandatory five-year minimum term for a firearms offence, so the revelation that...
The Online Safety Act 2023 creates a new offence of encouraging or assisting serious self-harm. The offence applies from 31 January 2024. What is the new offence? A person commits an offence if: they do a relevant act capable of encouraging or assisting the serious...
Since 29th November 2022 a court can impose a positive requirement on a defendant under an SHPO (section 175 of the Police, Crime, Sentencing and Courts Act 2022). This, says the government, includes a requirement to participate in Polygraph (lie-detector) tests. In a...
Newly published research suggests that pre-recorded evidence in chief and cross-examation, often referred to as “section 28 evidence”, may be more advantageous to the accused that live evidence given in court before a jury. Conviction rates are reported to...
The Post Office Horizon affair has been described as one of the UK’s most widespread miscarriages of justice. It has been a long, complicated and contested saga, involving a campaign for justice, various court cases, compensation schemes, and currently a public...
The Nationality and Borders Act 2022 created a new offence contrary to section 24(D1) Immigration Act 1971. The provision states that: A person who— (a) requires entry clearance under the immigration rules, and (b) knowingly arrives in the United Kingdom without a...
Data published following a freedom of information request shows a remarkable shift in the way in which the youngest and most vulnerable offenders are dealt with. The data reveals: No 10 or 11 year old offender has been imprisoned since 2010. In the last year for which...
A new strategy aimed at tackling the growing threat of serious and organised crime has been announced by the Home Secretary as the government steps up action to clamp down on criminal gangs operating in and against the UK. The National Crime Agency (NCA) estimate that...
On occasion, Siri or a Google search may well be able to answer a legal query, but the end-user needs to know whether the information online was accurate when first posted and, if so, is correct now. Lawyers spend years learning the skills necessary to carry out...
It may come as a surprise to many people, but being in prison is not in itself a bar to marriage or civil partnership. Why is the right to marry/civil partnership protected? In certain faiths and communities, marriage is considered an important part of life and a rite...
The government is legislating to ensure that anyone sentenced for the offence of rape, and certain other serious sexual offences, no longer receives a determinate custodial sentence. Where neither a life sentence nor an extended sentence (‘EDS’) is served,...
In a recent case, the High Court was tasked with considering the implications of free speech in the context of public order offences. The case involved Tory MP Sir Iain Duncan Smith, who was subjected to abuse whilst in the street accompanied by his wife and a...
The refusal of several adult murderers to attend their sentencing hearings has led to a recognition of the need to clarify the court’s powers to compel attendance. Examples of recent sentencing hearings where the offender did not attend include: • Zahid Younis, in...
People released from prison while serving the IPP sentence currently have to wait a minimum of 10 years before they can have their licence reviewed by the Parole Board. This week, the government tabled amendments to the Victims and Prisoners Bill, which is currently...
The Public Accounts Committee has published a report that raises concerns in relation to the level of support given to prisoners on their release. Reoffending causes harm to victims and costs the criminal justice system and wider society dearly. In 2019, the Ministry...
There is a long-established practice of reducing the sentence which would otherwise have been imposed on an offender to reflect the fact that he has provided information and assistance to the police. The justification for doing so is purely pragmatic. A former Lord...
Serious Violence Reduction Orders (‘SVRO’) are a new police stop and search power being piloted by forces in England and Wales. The orders were created by the Police Crime Sentencing and Courts Act 2022. SVROs can be given to people who are convicted of an...
A prisoner with an earliest release date in August 2027 made an application to the Prison Service in relation to participation in fertility treatment. His partner unfortunately suffers from fertility problems, which include a low number of eggs, polycystic ovaries and...
The introduction of X-ray body scanners (XRBS) as part of the Security Investment Programme includes installation of 75 scanners across 74 establishments by the end of March 2022. This initiative now covers the entire adult male closed prison estate. XRBS were...
Sentencing guidelines exist to guide a court when deciding on the appropriate punishment for most drug-related offences. The guidelines reference the most common drugs, such as cocaine and cannabis, but do not expressly cover drugs which are less commonly found in...
The Dangerous Dogs (Designated Types) (England and Wales) Order 2023 was laid before parliament on 31 October 2023, which has important implications for the owners of the dog breed “XL Bully”. This statutory instrument will be accompanied by other...
On 28th October 2023 provisions in the Police, Crime, Sentencing and Courts Act 2022 came into effect, enacting changes to the laws in relation to the rehabilitation of offenders. These amendments extend the scope of the Rehabilitation of Offenders At as it applies to...
The Economic Crime and Corporate Transparency Act 2023 has received Royal Assent and, when in force, will implement a large number of changes aimed at fighting economic crime and other illegal activity. One major reform in the Act is in relation to Cryptoassets and...
In July 2023, the Court of Appeal quashed a sentence of 28 months imprisonment and substituted a sentence of 14 months imprisonment, suspended for two years. The case concerned an offence of administering poison with intent to procure miscarriage, with respect to a...
The Firearms Act 2023 has received Royal Assent and when brought in to force, will introduce a number of regulatory and criminal law reforms. Miniature Rifle Ranges There is an exemption in firearms law (section 11(4) of the Firearms Act 1968) which allows a person to...
This week, the prison population rose to a record number of 88,225, a significant increase on the previous week and only around 500 places short of “operational capacity”, which is the maximum number of prisoners that can be held. Andrea Albutt, president...
A new study by Professor Carole McCartney of the University of Leicester has shone a light on police handling of materials gathered to support criminal prosecutions. Professor McCartney found: CPS data indicate the potential impact of lost materials on prosecutions,...
Some people may be physically unable to use the current evidential breath analysis machines, relied upon by police to gather proof of driving under the influence of alcohol or drugs, new research from the University of Sheffield indicates. The new study challenges the...
New analysis of government figures reveals that, for the first time on record, more than 100,000 children in England and Wales have a parent in prison. The official Ministry of Justice estimate indicates that, on average, each male prisoner has 1.14 children,...
Police are still investigating the causes of a fire that destroyed the Crooked House Pub near Dudley, causing a lot of people to look closely the laws surrounding criminal damage. In simple terms, you can harm or destroy your belongings, even by setting them on fire,...
Football banning orders are made by the courts to help prevent violence or disorder at, or in connection with, regulated football matches. An individual with a banning order is prevented from attending all regulated matches in the UK and may be required to hand over...
On the 12th September 2023, Andrea Leadsom MP posed this question to Edward Argar MP who is a Minister of State in the Ministry of Justice: ‘What conversations has my right hon. Friend had across government to make sure that the sentencing for those convicted of...
The outgoing Chief Inspector of Probation has issued a damning report. He is calling for an independent review of whether the Probation Service should return to local control two years on from unification into a national service. The Chief Inspector reports, in an...
Possession of nitrous oxide, also known as ‘laughing gas’, will be illegal by the end of the year. The ban was promised as part of the Government’s Anti-Social Behaviour Action Plan, with the Home Secretary urging police forces to get tougher on...
Cross-party legal reform charity, JUSTICE has this week published a landmark report describing how the rule of law in the UK has “regressed significantly on multiple fronts” and threatens the very democratic fabric of our nation. The rule of law is a set...
IPP sentences were indeterminate sentences handed down by courts in England and Wales between 2005 and 2012. They were used for offenders considered to pose a significant risk of causing serious harm to the public until they no longer represented such a risk. When...
Much has been written this week on government plans to “ban” machetes and zombie knives, and claims that possession would be made “illegal”. The government said: “Machetes and zombie-style knives with no practical use will be banned and...
A feature of many miscarriages of justice cases is the malign influence of dishonest police officers who have managed to stay in post despite many years of red flags having been raised in some cases. Recent tragic cases, such as the murder of Sarah Everard, have...
A new offence of strangling/suffocation came into force on 7 June 2022, and we have previously written about the case of Cook [2023] EWCA Crim 452, which sets out comprehensive sentencing principles for judges. In Cook, the Court of Appeal commented: “In view of...
On Friday, 18 August 2023, the Jury returned its final verdicts in the trial of nurse Lucy Letby. Letby was convicted of murdering seven babies in her care and attempting to murder six more. The Jury were discharged from reaching verdicts concerning four other babies....
In our increasingly digital world, personal data has become a valuable commodity. As a result, the need for robust data protection measures has never been more critical. The General Data Protection Regulation (GDPR), enacted by the European Union (EU) in 2018, is a...
It is prevalent for money laundering offences (under the Proceeds of Crime Act 2002) to be charged alongside other alleged criminality, particularly drug offences. Whilst dealing with the monetary gains from offending will indeed amount to a separate money laundering...
The Environment Agency is responsible for the investigation and prosecution of a great many regulatory and criminal offences. As an alternative to criminal prosecution financial sanctions can be imposed in accordance with the Environmental Civil Sanctions (England)...
Fans are being warned they face being banned from football matches – and next year’s Men’s European Championships – if they commit tragedy-related abuse as prosecutors publish additional guidance this week. The Crown Proseuction Service has updated its prosecution...
In the early hours of 17 October 2022 Morgan Trowland, who is now 40 years old, and Marcus Decker, who is now 34 years old, scaled the Queen Elizabeth II bridge on the M25 carriageway. They hoisted a “Just Stop Oil” banner across the bridge, and suspended themselves...
A public consultation invites views on the operational impact and workability of the newly drafted Code of Practice for the statutory two-tier framework of Out of Court Disposals, as set out in The Police, Crime, Sentencing and Courts (PCSC) Act 2022. Out of Court...
The Youth Justice Legal Centre (YJLC) and the Institute for Crime and Justice Policy Research (ICPR) at Birkbeck have published groundbreaking research on the quality of legal representation in the youth justice system. The findings cement the urgent need for clear...
A massive police operation across Europe to disrupt serious crime, much of it being conducted across encrypted phone devices (‘EncroChat’) has been judged a significant success. Police investigators managed to intercept, share and analyse over 115 million...
Shortages of prison staff and a lack of training means not enough prisoners are able to improve their reading – according to a new report by Ofsted and His Majesty’s Inspectorate of Prisons. In March 2022, Ofsted and His Majesty’s Inspectorate of Prisons (HMIP)...
In a recent case, the Court of Appeal dealt with an appeal concerning an ex-police officer who served on a jury. When the prospective juror was summoned for jury service, he wrote to the court in the following terms: “After discussing my forthcoming juror duty...
Two new guidelines for sentencing people convicted of interfering with the administration of justice in England and Wales were published this week by the Sentencing Council following consultation. For the first time, judges and magistrates will have guidelines to...
Up to 12,000 prisoners in England and Wales at risk of being released homeless will be offered temporary housing for up to 12 weeks as part of the Community Accommodation Service scheme. In 2019/20 (the last pre-COVID performance publication), there were approximately...
Homicide is the killing of one person by another. It accounts for a very small proportion of deaths each year in England and Wales; for the most recent five years of mortality data, from 2017 to 2021, homicides accounted for one in every 800 deaths. Historical data on...
As part of government’s Anti-Social Behaviour Action Plan, published in March 2023, a 6 month pilot will rapidly deploy those sentenced to perform Community Service (unpaid work) to swiftly clean up egregious instances of fly-tipping, vandalism and littering as part...
In a recent case, an offender offered the following by way of mitigation: ‘[He] said that he owed a gang £25,000 for his passage to the United Kingdom. He now said that he had initially been working on a construction site and had moved to work where the cannabis...
A pre-sentence report is advice given to the court following the facts of the case, expert risks and needs assessments, including an independent sentencing proposal and additional relevant information. They must be as objective as possible and exist to assist the...
The Sentencing of young persons is one of the most complex judicial exercises, which must recognise the substantial differences between child and adult offending, particularly where an offender before the court has just reached majority age. Research has repeatedly...
On 3 March 2023, the Court of Appeal handed down a judgment in the case of Arie Ali. The case proved to be of some interest due to this remark made by Lord Justice Edis: ‘On 24 February 2023, the Deputy Prime Minister wrote to the Lord Chief Justice saying:-...
When considering police powers, particularly concerning search and seizure of property, we think first of powers derived from statute, which leads us to the Police and Criminal Evidence Act 1984. On occasion, however, statute does not provide police with effective...
The Law Commission is tasked with keeping the law under review and this week presented a consultation paper discussing significant reforms to the trial of sexual offences, including rape. Why was the review carried out? In its End-to-End Rape Review, the Government...
Generally speaking, news of legal aid reform is met with some trepidation as it usually means even more people will be excluded from this critical safety net or the fees are to be reduced even further. However, this week, a government announcement has been met with...
Ipsos polling shows that more than 2 in 3 (67 %) of UK adults are worried about seeing content promoting or advocating self-harm while online. In 2021 the Law Commission recommended that individuals responsible for encouraging or assisting serious self-harm should be...
The government is now backing new proposals to deter and punish rural crimes. The Equipment Theft (Prevention) Bill is a private members bill which has government support. It was introduced to Parliament by Greg Smith MP on 16 June 2022 and is sponsored by Lord...
A blood test to measure whether a driver who has caused an accident was impaired by lack of sleep could be available within two years, making it easier to legislate against drowsy drivers or their employers. Is this really a problem? Globally, more than 1.35 million...
Updated sentencing guidelines for animal cruelty offences that reflect changes introduced by the Animal Welfare (Sentencing) Act 2021, were published today by the Sentencing Council following consultation. For the first time, a new ‘Animal cruelty’ guideline gives...
The government has set out proposals to reduce women’s offending over the period of the 2022–25. This Delivery Plan sets out how Government will deliver four key priorities to reduce women’s offending over the next three years. These are: • Fewer women entering the...
Current legislation to manage protests provides predominantly for powers to counter behaviours at protests which are violent or distressing to the public. These powers include those under the Public Order Act 1986 (the “1986 Act”) which provides the police with powers...
An offence of non-fatal strangulation or suffocation was created by the Domestic Abuse Act 2021 and came in to force on 7 June 2022. CPS guidance on this offence states: “Some dictionary definitions of the word “strangle” link the word to an...
It has been reported that Police in England and Wales are to be given new powers to tackle “disruptive” slow walking used by protesters to block roads. The new legislation would give officers more leeway to intervene when protesters attempt to block roads...
The advice here concerns ‘lethal barrelled’ air weapons – those with muzzle energy of more than 1 joule. Guns below this threshold, and qualifying ‘airsoft’ guns, are not regarded as firearms. Air weapons with muzzle energy greater than 12 foot-pounds may only be held...
The government is consulting on legislative measures to provide the police with more tools to disrupt knife possession and tackle knife crime. It has identified certain types of machetes and large outdoor knives that do not seem to have a practical use and appear to...
When a court bails a person, they will often be given a precise future date on which they should attend again. In the Crown Court, this is only sometimes the case, and a client will rely upon their solicitor to inform them of any future dates on which the case is...
Most motorists are alert to law enforcement when driving, taking notice of speed limits, speed camera warnings, and generally being alert to the fact that a police car may be waiting just around the corner. But how often do you look up? Sure, if you are being pursued...
During the life of a criminal case, it is common for a defendant to face a different judge each hearing. In more complex cases, hearings are reserved wherever possible to the same judge to save duplication of judicial resources and more effectively manage the case,...
Once you or your spouse have decided that your marriage is over and that divorce is inevitable, the next question tends to how do we divide our finances? Whilst the media is full of reports of the rich and famous getting divorced and dividing multiple properties, the...
The All-Party Parliamentary Group on Miscarriages of Justice has announced the launch of the Westminster Commission on Forensic Science. Over the next 18 months, a Westminster Commission inquiry, co-chaired by Baroness Sue Black and Professor Angela Gallop, will be...
In a recent case, a Transport Commissioner removed an Operator’s License from a driver who had engaged in a “road rage” incident following what was otherwise a minor traffic incident. The driver, Kevin Griggs, was involved in a slight collision with...
Domestic abusers who kill their partners or ex-partners will receive tougher sentences under government plans published this week. The law will be changed so a history of coercive or controlling behaviour against the victim or the use of excessive or gratuitous...
In April 2023, Serious Violence Reduction Orders (SVROs) are due to come into force in certain pilot areas (Section 342A to 342K of the Sentencing Code). The conviction must be for an offence which was committed on or after the first day appointed by regulations for...
In 2016, HMCTS launched an ambitious portfolio of reforms later brought together to form the courts and tribunals reform programme. It aims to modernise the justice system by reducing complexity and providing new ways for people to engage. HMCTS intends to achieve...
Sometimes clients contact because they are unhappy with the way that a judge, or other judicial office-holder, has behaved towards them. These are what are known as complaints about personal conduct of judges. They are distinct from complaints about points of law,...
Updates to sentencing guidelines for offenders convicted of child cruelty offences including causing or allowing death or serious injury in England and Wales, were published this week by the Sentencing Council following consultation. Why have the guidelines been...
The sentencing regime in the magistrates’ court is notoriously complex and about to change again following a government U-Turn. In May 2022, the government allowed magistrates to imprison an adult for up to 12 months for a single either-way offence; the previous...
Levy and Co Solicitors are pleased to announce that three members of our team have had recent success: Rose Noble, who joined us from university as a paralegal has, today, been accredited as a duty solicitor. Two other paralegals – Vlad – Taylor, who both...
The current Justice Secretary has long been on record as no fan of the Parole Board. A string of high-profile interventions, primarily unsuccessful, has led to new changes being announced, intending to make it more difficult for many offenders to secure release. In...
In 2022 the Law Commission was asked to clarify the current legal status of remote driving and consider possible reforms. The request came from the UK Government’s Centre for Connected and Autonomous Vehicles (CCAV) and the International Vehicle Standards team at the...
PP sentences were introduced to prevent serious offenders being released when still a danger to the public. They were scrapped in 2012, but nearly 3000 people remain in prison under the legislation, with almost half of these having been recalled to prison after...
The Court of Appeal has issued guidance on whether it is ever appropriate to disqualify someone from driving a motor vehicle for the rest of their life. The Court was considering a case where a Judge made the following remarks when imposing such a ban: “… you...
Two reports, one published this week, lay bare the grim conditions that await some prisoners. An investigation by the Prison Advice and Care Trust found: The majority of families witnessed a significant decline in their loved ones’ mental and physical health during...
This will be a concise article because the answer to the question, at least for most of us, is that we don’t know much! What we know is that a complaint was made to the police that led to Greenwood being charged in October 2022 with one count of attempted rape,...
On 28 June 2022, the maximum penalty for causing death by dangerous driving was increased from 14 years imprisonment to life imprisonment. The Sentencing Council is currently considering a revision to its sentencing guideline to reflect this change. Until that work is...
New laws, in force from 1 October 2023 will make a number of amendments to the regime governing regulated and reportable substances under the Poisons Act 1972. The purpose of the amendments is to strengthen existing safeguards that are in place to prevent the illicit...
The Single Justice Procedure (“SJP”) is designed to enable magistrates’ courts to deal with minor offences more efficiently, while still ensuring rigorous, open and fair justice. Whether those aims are in fact met is the subject of some intense debate,...
It is standard for people to share a Netflix account (the same is true of other sharing services). In many instances, it is perfectly proper to do so when those persons are all part of the same household. But sharing password access with relatives and friends further...
Landfill Tax applies to all waste disposed at a licensed landfill site (unless the waste is classed as exempt). The permit holders for landfill sites (operators) are liable to Landfill Tax in the first instance. If the operator does not have direct involvement with...
For the first time, prisons beyond the high-security estate will use new, improved machines to check baggage brought in by the thousands of staff and visitors who enter and exit prisons daily. To date, these machines have stopped huge hauls of illegal contraband from...
The issue of modern slavery and legal defences that might be available to those suspected of crime has occupied a great deal of judicial time over the last five years. The latest case to come before the court, AFU [2023] EWCA Crim 23, resulted in the conviction being...
New legislation (The Merchant Shipping (Watercraft) Order 2023) is being introduced to crack down on the dangerous misuse of watercraft such as jet skis, with the Maritime and Coastguard Agency being granted more powers to prosecute perpetrators of accidents. The new...
January has traditionally been seen as a time when divorce petitions raise, and indeed when other couples look to separate. Previously, the press sees this as taking place on the first Monday in the month of January when most firms receive new enquiries about seeking...
Aggravated Trespass is an offence under section 68 of the Criminal Justice and Public Order Act 1994. It can only be tried in the magistrates’ court and carries a maximum penalty of three months’ imprisonment. A person commits the offence of aggravated trespass if he...
Section 174: Standard of proof On 29th November 2022, section 174 of the Police, Crime, Sentencing and Courts Act 2022 came into force, making a substantial legal change concerning the making of Sexual Harm Prevention Orders. Section 174 amends sections 103A(3) and...
It’s funny how things change as the years pass by. Perhaps only ten years ago, if we were thinking about particular spikes in alleged criminal offending over the Christmas period, the one that would jump out would always be drunk driving. These days it is common...
Public sexual harassment (‘PSH’) will be made a specific offence through government-backed legislation. It is believed that creating an offence would contribute to cultural change and send a clear message that this behaviour is unacceptable. PSH can, when...
The old rule was that once a jury had retired to consider its verdict, no further evidence could be adduced. The rule was stated in these terms: “… The jury may not when they have once retired to consider their verdict be given any additional evidence, any...
The Ministry of Justice has announced emergency measures that will see some people who ought to be in prison instead placed in police cells. The capacity pressure is specific to the adult male estate, and there is ample capacity in the women’s and youth estates....
What impact might the serious ill health of counsel have on the safety of a conviction? The Appellant asked the Court of Appeal to resolve this question, which had been formulated in these terms: “Where after a trial in which the defendant was convicted it...
It is an offence for a person, with the intention to: (a) of cause public alarm or anxiety, or (b) cause injury to members of the public consuming or using the goods, or (c) cause economic loss to any person by reason of the goods being shunned by members of the...
It is now commonplace for us to be asked to deal with cases where a person is accused of a crime, most commonly of a sexual nature, which is said to have occurred many decades earlier. Not surprisingly, those accused will wonder how they can be expected to properly...
Any avid fan of American courtroom drama will be familiar with the idea of lawyers using ingenious methods to try and select a favourable jury panel. In England and Wales, the scope for objection is minimal, and in most cases, the jurors chosen to sit will remain on...
In 2016 the Supreme Court held that the joint enterprise laws needed revisiting, holding that previous cases were wrongly decided: ‘The unanimous conclusion of the court is that Chan Wing-Siu and Powell and English did take a wrong turning and these appeals...
The Law Commission has published new reforms to overhaul the system for recovering the proceeds of criminal activities. The reforms, which are the culmination of a Home Office-commissioned review, would enhance enforcement powers and could lead to the recovery of...
The Attorney General has the power to refer to the Court of Appeal sentences for certain offences which they believe to be unduly lenient. This is sometimes called the unduly lenient sentence scheme. The scheme was established in the Criminal Justice Act 1988 and came...
Police recorded crime figures in 2021/22 show that there were 155,841 offences where one or more of the centrally monitored hate crime strands were deemed to be a motivating factor. This represented a 26% increase on figures for 2020/21. Since April 2015, there have...
A new public order bill is currently before parliament and may trigger a more authoritarian approach to protest rights. Introducing the bill, then Secretary of State for the Home Office Priti Patel spoke of an increase in disruption and criminal behaviour during...
For decades academics, policy makers, practitioners and other experts have deliberated on how best to create safer communities by preventing offending by children. For the past 20 years or more, the body of evidence known as the ‘Child First’ approach has been proven...
On 3 November 2022, Glencore Energy (UK) Limited was sentenced to financial penalties totalling some £280 million. Glencore was charged on indictment with seven counts under the Bribery Act 2010. Glencore pleaded guilty to all seven counts on 21 June 2022 before the...
Changes to pre-charge bail arrangements and the current system of “release under investigation” are expected to come into force in late October 2022 when schedule 4 of the Police, Crime, Sentencing And Courts Act 2022 is commenced. The current system An...
HM Prison & Probation Service launched an electronic tagging programme to improve efficiency and increase the usefulness of tagging for police and probation services, but after significant setbacks and delays the failure has cost taxpayers dear. Tagging allows the...
On 5th January 2022 at the Crown Court sitting at Bristol, four defendants were found not guilty of criminal damage even though they had readily admitted to removing a statue (of Edward Colston) from its plinth and tipping it into the harbour. Following the...
General deterrence raises some of the oldest questions in criminology. A general deterrent effect would occur where a disposal makes other potential offenders less likely to offend. General deterrence is said to depend on three main factors which have been explored in...
The Sentence of Imprisonment for Public Protection (IPP sentence) was introduced under the Criminal Justice Act 2003 to detain people in prison who posed a significant risk of causing harm to the public. Following criticism of the sentence and its operation, it was...
We were concerned that a minor piece of research, casting doubt on the quality of representation in youth cases, was widely reported in the press. What did the study suggest? A report by “Fair Trials”, Young minds, big decisions, alleges that young people...
The Economic Crime and Corporate Transparency Bill has been laid before parliament and is intended to: “strengthen the UK’s reputation as a place where legitimate businesses can thrive while driving dirty money out of the UK.” Through the legislative...
The government has this week released data in respect to football-related crime and disorder. The key findings are: Incidents were reported at more than half of all matches (53%) – 1,609 of the 3,019 matches played Around 70% of fans arrested last season were...
Given we are criminal defence lawyers we interact with police on a regular basis, but perhaps without thinking too much about the office of police constable and what it entails. Every police officer, irrespective of rank hold the office of police constable. The office...
When sentencing for offences of assault, the use of a weapon will always be an aggravating feature. The sentencing guideline also refers explicitly to “highly dangerous weapons” and will be treated as a particularly serious feature of the offending. In a...
In a recent case (Spivey [2022] EWCA Crim 997) a Judge was faced with offenders who had just turned 18 years of age. When sentencing, he made the following observation: “I do have in mind the guidelines in relation to sentencing children and young people.”...
Custody time limits seek to regulate the maximum period that a person can be held in custody before their trial commencing. Broadly speaking, that period is one of six months. To extend the period beyond six months, the prosecution must have acted with all due...
Several offences, such as those involving offensive weapons and blades, have minimum sentencing provisions, resulting in imprisonment for at least six months for many offenders. A question arose as to whether such prison sentences could lawfully be suspended. In the...
The trial of former footballer Ryan Giggs ended this week without a verdict. The aim of any trial is for a verdict to be reached on all counts, whether guilty or not guilty. Ideally, a jury will be unanimous in its view. In the Giggs trial, it became apparent that a...
In Meanley [2022] EWCA Crim 1065 the Court of Appeal emphasised the importance of pre-sentence reports when sentencing young offenders. Meanley was 16 ½ at the date of commission of the offences, and 17 at the date of his conviction and sentence. On 29 October 2021,...
Many people will have heard that barristers are to begin strike action on the 5th of September, intending to continue indefinitely. Because some action was already pencilled in, the reality is that many barristers will conduct no further defence work with effect from...
We were saddened to learn of Queen Elizabeth’s passing yesterday. For many years, she and her family served this country with honour and dignity. She worked hard for the British people and ruled with a beautiful sense of humour. Elizabeth sadly passed away at...
Confiscation remains one of the most challenging areas of criminal law, confusing not only clients but also many lawyers with insufficient expertise in this area. In a recent case, the Supreme Court considered the situation where a person lies to secure a job but goes...
As part of a standard stop and search, police officers can require those being searched to remove an outer coat, jacket, or gloves. Officers also have legal powers to require individuals to remove more clothing. This is commonly referred to as “strip searching”. Strip...
The government has made it illegal to carry out, offer or aid and abet virginity testing or hymenoplasty in any part of the UK under the Health and Care Act 2022. The offence carries a maximum penalty of five years imprisonment. What is virginity testing? Virginity...
The Law Commission of England and Wales has announced that it will launch a wide-ranging review of the laws governing appeals for criminal cases. The Commission has been asked by the Government to examine the need for reforms to the appeals system, to ensure that the...
A commitment to fairness for all parties is at the heart of a new Defendants Strategy, launched recently by the Crown Prosecution Service (CPS). The three-year strategy addresses areas where suspects and defendants may face challenges when involved in the criminal...
The family of a 14-year-old boy who was chased through the streets, racially abused and stabbed to death are calling for new laws to improve diversity on juries, after his killer was cleared of murder. Dea-John Reid was killed in broad daylight in Birmingham in May...
The Law Commission of England and Wales has recently proposed new recommendations to strengthen the law to protect victims of intimate image abuse. The law reforms, published following a detailed review, would make it easier to prosecute those who take or share...
A new section for self-driving vehicles has been added to the Highway Code. From the 1st of July new rules on the use of self-driving vehicles in Great Britain have come into force. The changes are included in a new section in The Highway Code. Currently only vehicles...
Victims, members of the public and the media will be able to ask for a parole hearing to be heard in public for the first time, following law changes. From 21 July 2022, anyone including prisoners, victims, members of the public or the media will be able to ask the...
A recent Court of Appeal case shed some light on the use of algorithms to measure the likely quantities of drugs supplied by a particular defendant. The algorithm has been designed by a police officer of the Metropolitan Police Service, in collaboration with an...
It has been a busy week for new policy announcements, with these coming from the Ministry of Justice in the last few days. Prison leavers tagged to cut alcohol-fuelled crime Prison leavers will be ordered to wear a sobriety tag, which monitors alcohol levels in sweat,...
The problem The general rule for attributing liability to companies in English and Welsh criminal law is the ‘identification principle’. This states that where a particular mental state is required, only the acts of a senior person representing the company’s...
This week the disciplinary body for barristers suspended a barrister, Tim Raggatt QC, for 12 months. This means that he will be prevented from practising law during that period unless he succeeds in appealing the decision. The conduct arose in a criminal case where Mr...
The Justice Secretary has made no secret of the fact that he often disagrees with the stance taken by the independent Parole Board. Of course, the government has the right to challenge Board decisions in the courts and, on occasion, does win such challenges. Still, it...
The Home Office has reported that their ‘whole-system’ approach to violent crime is working while also announcing further funding to tackle serious violence. The press release states that Violence Reduction Units and ‘hotspot policing’...
The Home Office has published a report that summarises information from domestic homicide reviews (DHR) from October 2019 to 2020. The reviews are multi-agency reviews that are commissioned by community safety partnerships. They look into the deaths of adults that may...
The Justice Secretary, Dominic Raab, has announced a reform package for the parole system. A “Root and Branch” review focussed on the following areas: • An evaluation of the parole reforms to date – looking at overall performance, the response to the...
The College of Policing has published a guide to the use of live facial recognition technology. The guide is intended to ensure a consistent approach across forces with a clear legal and ethical framework. The College sets out five aims for the guidance: • live facial...
For the first time, the Justice Secretary has intervened and overruled a decision of the Parole Board to move a prisoner to an open prison. In 1998 Stephen Ling was sentenced to life imprisonment for the murder of Joanne Tulip on Christmas Day 1997. Ling had met Ms...
The common law has long had a concept of “reasonable chastisement” when it comes to disciplining children. A parent or person in loco parentis may administer reasonable corporal punishment, although concepts of “reasonableness” have narrowed....
The government has announced further projects as part of the Prison Leavers Project, which is a cross-government initiative helping offenders released from prison. Statistics demonstrate that offenders who are released from prison without an address are approximately...
The Justice and Home Affairs Committee has published a report, “Technology Rules? The advent of new technologies in the justice system”. The development of artificial intelligence or AI has impacted most parts of our lives. We started with the use of...
The Environment Agency Chief Executive, Sir James Bevan, has made a speech on waste crime at an event with Let’s Recycle and the Environmental Services Association. The Executive said that he called waste crime the “new narcotics” six years ago. In...
The Attorney General has referred questions of law to the Court Appeal, acting in her role as the Guardian of the Public Interest. The questions concern the proper scope of defences to criminal charges that arise from protests and what directions should be given to...
The Transport Secretary, Grant Shapps, has announced a consultation on the issue of whether those convicted of drug driving should have to undergo rehabilitation. Those convicted of drink driving, as opposed to drug driving, are usually offered the drink driver...
An unusual case recently came before the Upper Tribunal, considering an issue under the Forfeiture Act 1982. The forfeiture rule says that a person cannot benefit from their own wrongdoing, especially if that wrongdoing results in the death of another person. The rule...
The Sentencing Council is an independent body promoting greater consistency in sentencing while maintaining the independence of the judiciary. The Council is responsible for developing sentencing guidelines for use by the judiciary and criminal justice professionals...
Europol has issued a report on the way criminal networks have adapted to new opportunities and demand for products generated by the pandemic. The Intellectual Property Crime Theft Assessment 2022 was produced by Europol and the EU Intellectual Property Office (EUIPO)....
The House of Commons Committee of Public Accounts has published a report on reducing the backlog in criminal courts. The committee is appointed by the House of Commons to examine the accounts “showing the appropriation of the sums granted by Parliament to meet...
As you may have read in the news, no-fault divorce is set to come into law following the Divorce, Dissolution and Separation Bill receiving Royal Assent last year. From 6th April 2022, spouses will be able to end their marriage without having to provide a reason for...
A Bill is progressing through Parliament to set up a register of overseas entities and their beneficial owners and require overseas entities who own land to register in certain circumstances. It also makes provisions about unexplained wealth orders and sanctions. The...
Sam Nundy, litigation manager at Levy & Co in which our client was charged causing death by careless driving. Barry Gilbert, of 2 Bedford Row Chambers was instructed Counsel. The allegation was that our client was undertaking a manoeuvre in her vehicle during...
A new criminal law to tackle Revenge Porn was introduced in 2015 in England & Wales as part of the Criminal Justice and Courts Bill. Section 33 covers the sharing of private sexual materials in either images or films of another person without their consent with...
When the Minister responsible for Whitehall efficiency and counter-fraud resigned in January, he mentioned lax oversight of the Bounce Bank Loan Scheme BBLS. Much has also been said in the press about frauds surrounding the scheme and losses from similar schemes being...
A number of cases have hit the news recently relating to scams or frauds carried out using Tinder. The Tinder app is available in nearly two hundred countries, with an average of 1.6 billion “swipes” per day. With 50 million users, there is a wide audience...
New regulations come into force on 25th March 2022, called the Road Vehicles (Construction and Use) (Amendment) (No.2) Regulations 2022. These regulations amend the definition of hand-held devices; these are the definitions that will be used to govern the use of...
The Treasury Committee has published a report on fraud scams and economic crime. The Committee is appointed by the House of Commons to examine the expenditure, administration and policy of HM Treasury, HMRC and associated public bodies such as the Bank of England and...
A joint report from the Law Commission of England and Wales and the Scottish Law Commission has been published. The topic is automated vehicles and makes recommendations for the safe and responsible introduction of self-driving vehicles. The Law Commission is the...
The government has announced new proposals to address the way schools deal with avoidable absences. They refer to the current system as a postcode lottery with different approaches to sanctions across the country. Some local authorities did not issue any fines at all...
The backlog in the criminal courts has been an issue for some time. Although the number of outstanding cases grew during the pandemic, there was already a backlog. The government has considered various ways of dealing with the issue, including temporary courts. The...
The government has announced the recruitment of more than 500 staff to work in Community Payback. The aim is to be able to enable offenders to serve an extra 3 million hours of payback each year. The announcement isn’t clear on the reasoning behind the...
The Crown Prosecution Service (CPS) is seeking views on a proposed update to legal guidance on homicide, to assist prosecutors considering the public interest when dealing with suspects in deaths arising out of failed suicide pacts and so called ‘mercy killings’. A...
The government has introduced a “new world-leading law” to ensure consumers are better protected from hackers on their phones, smart TVs, fitness trackers, tablets and other devices that connect to the internet. Why? Research has shown that as many as four...
The government has announced a 7% increase in policing funding, bringing the total to £1.1 billion. This amounts to a total of £16.9 billion for the financial year 2022/23. The increase is supposed to aid in the implementation of the government’s Beating Crime...
The Law Commission has announced a project to examine how evidence is used in rape proceedings in order to dispel rape myths. The Law Commission is the statutory independent organisation established by the Law Commissions Act of 1965 to evaluate the law and provide...
Eleanor Lucas, under the instruction of our very own Mary Buxton recently represented a young man charged with robbery and possessing a bladed article. In this particular case, the defendant allegedly approached the two complainants, ages 14 and 15, in a park,...
The government has released a new plan titled “The Prisons Strategy White Paper,” with the goal of providing a prison construction programme that will allow for the reform and rehabilitation of offenders. Modern jails, it appears, will reduce reoffending...
A public consultation on a new ‘Victims’ Law has begun, according to the Justice Secretary, which would ensure increased victim input during the criminal justice process. The Crown Prosecution Service, the police, and the courts would all have to account...
The Policing and Crime Act 2017 gained Royal Assent on January 31. By setting time restrictions for police bail, the Act makes major modifications to present pre-charge bail regulations. The act enacts a number of changes to existing rules involving PCCs, complaints...
The Sentencing Council is responsible for producing guidelines on sentencing for the judiciary and criminal justice professionals. The Council keeps the guidelines under review and publishes new ones where appropriate. A new consultation has been published looking at...
Fasail Hussain was sentenced earlier this year for drugs offences. The sentencing judge imposed a total term of 2293 days imprisonment. Hussain had been released from prison on licence at the time that he committed the offences. When an offence is committed on...
The Tory Party Conference has been taking place in Manchester, with several announcements being made that are relevant to the criminal justice system. Activism Climate change and environmental protesters have been in the news recently following their attempts to block...
The Tory Party Conference has been taking place in Manchester, with several announcements being made that are relevant to the criminal justice system. Wayne Couzens and violence against women Wayne Couzens, the former police officer who pleaded guilty to the murder of...
In 2016 Natasha Ednan-Laperouse bought a baguette from Pret a Manger; unbeknownst to Natasha, the bread contained sesame seeds. That ingredient was not listed on the packaging, and Natasha suffered a fatal allergic reaction. At the time, fresh food that was made and...
The Civil Nuclear Constabulary is a specialist armed police force that protects civil nuclear sites and nuclear materials in England, Scotland and Wales. The Department for Business, Energy and Industrial Strategy (BEIS) recently sought views on potential legislation...
There has always been a great deal of debate surrounding the issues of punishment and rehabilitation and the role of prison sentences in the justice system. Although some people can favour punishment and others rehabilitation, most people would suggest a mix of both....
Did you know that you do not have to enter a house to be guilty of burgling it? How? Burglary is defined as entering as a trespasser with either the intent to steal or actually stealing. It can also be committed by entering with the intent to cause grievous bodily...
George Floyd dying in the USA in 2020 resulted in mass protests worldwide and marked a watershed in the fight against racism. In the aftermath of his death, the United Nations has produced a report analysing racial justice. The report found that the police use of...
The government has announced the set-up of a new drugs unit to help end illegal drug-related illnesses and deaths. To be known as the Joint Combating Drugs Unit, it will bring together multiple government departments to tackle drug misuse across society. Drug misuse...
Dipu Ahad was a councillor in Newcastle when a lady approached him for assistance as her former partner was harassing her. She approached him due to his standing in the community, and he did assist at first. When the harassment from the former partner ceased, Ahad...
The thin blue line refers to the concept of the police being the line that prevents society from descending into chaos, the blue referring to the colour of the uniform. The origin of the term came from 1854 when a red uniformed regiment in the Battle of Balaclava...
Facial recognition technology is the process by which a person can be identified from a digital facial image. A camera captures an image and produces a biometric template. A system is then used to compare the degree of similarity between two facial templates. Such...
The Sentencing Academy has produced a report reviewing ethnicity and custodial sentencing trends from 2009 to 2019. Over the years, several official reports have addressed the role of race and ethnicity in sentencing decisions. The current report looked at sentencing...
The Crown Prosecution Service and law enforcement agencies have agreed a consistent approach to the handling of illegal entry cases via small boats and lorries. Their guidance has been updated in the sections regarding small boats and larger vessels, passengers and...
An unusual case was dealt with at the Court of Appeal recently concerning offences of rape. The victim, referred to as X, was the partner of Smith, who was the leader of a large-scale drugs conspiracy. Smith enjoyed watching X have sex with his friends; he was much...
Benjamin Monk, a police officer, has been sentenced for the manslaughter of Dalian Atkinson, who died in 2016. Dalian Atkinson was an ex-footballer who had played for several clubs, including Manchester City and Aston Villa, before retiring from the game in 2001. In...
The Sentencing Council has the responsibility of developing and monitoring sentencing guidelines. The aim is to promote consistency in sentencing while maintaining the independence of the judiciary. Following a consultation period, the Council has published sentencing...
The Sentencing Council produces guidelines on sentencing for the judiciary and criminal justice professionals. The aim is to promote greater consistency in sentencing whilst maintaining the independence of the judiciary. The guidelines set sentencing ranges within the...
The Police, Crime, Sentencing and Courts Bill was introduced in the House of Lords in early July and awaits a second reading. The Bill is formed of thirteen parts, including provisions to: introduce measures for the protection of the police; introduce legislation for...
Southern Water has been fined £90 million after pleading guilty to 6.971 unpermitted sewage discharges which polluted rivers and coastal waters in Kent, Hampshire and Sussex. The offences were held to be caused by deliberate failings; they were widespread and long...
The Royal College of Psychiatrists has published a report on mentally disordered offenders in the criminal justice system. They provided a position statement on customising community sentencing for offenders with mental disorder/s. The report states that there are...
Technology has been developed by the DVLA and the Home Office for police officers to use at the roadside to confirm the identity of a driver. The technology allows instant access to a photograph of the driver. The picture is held on the DVLA driver’s database,...
Possession of an offensive weapon is an offence if it is in public and without lawful authority or reasonable excuse. A weapon can be offensive as a matter of course (it is made for use of causing injury), adapted for such a purpose, or not adapted but carried with...
Natural England (and Natural Resources Wales) is the government’s advisor for the natural environment in England and Wales. Established in 2006, its purpose is to help conserve, enhance and manage the natural environment. It enforces the laws that protect...
The Domestic Abuse Act 2021 introduced a new offence which came into effect on 29th June 2021. Section 69 of the Domestic Abuse Act 2021 creates a new offence of threatening to disclose a private sexual photograph or film in which another individual appears, and by...
In 2015 reforms were passed to allow some of the National Probation Service responsibilities to be dealt with by private companies. Known as Community Rehabilitation Companies, or CRCs, the companies were responsible for low to medium risk offenders while probation...
On the 5th July 2021, certain provisions of the Offensive Weapons Act 2019 come into force in specific areas for a period of 14 months. The area in question is the “metropolitan police district”, which consists of Greater London, excluding the City of...
You may have heard the name Daniel Morgan being mentioned in the media recently. Daniel was a private investigator who would carry out extensive work for the News of the World. He was found murdered in 1987 in a car park with an axe embedded in his head, with no...
The Government’s End to End Review of the Criminal Justice System Response began in 2019. The purpose was to look at evidence across the system, from reporting rape to the police through to court outcomes, to understand what was happening in cases of adult rape....
A new draft sentencing guideline for the offence of importing prohibited or restricted firearms has been published for consultation. There are no current guidelines in respect of these offences, although there are eight current guidelines for offences under the...
The Law Commission is seeking views on corporate criminal liability. The Commission is an independent statutory body that keeps the law in England and Wales under review. The Commission recommends reform where it is needed to ensure the law is fair, modern, simple and...
The Sentencing Council has announced a consultation on the revision of sentencing guidelines for domestic, non-domestic and aggravated burglary offences. The existing burglary definitive guideline was the second to be developed by the Sentencing Council and came into...
A former premier league footballer, Shayne Bradley, pleaded guilty to stalking a former girlfriend. It was said he followed her, watched her house, sent mails and made abusive phone calls. He hid in hedges near her home and set up a fake dating profile to make...
More than 85,000 fixed penalty notices (FPNs) have been issued for breaches of the Covid restrictions in England since March 2020. What is a fixed penalty notice? An FPN allows a penalty to be paid instead of being prosecuted and risking a criminal conviction. Fast...
The offence of controlling and coercive behaviour has been on the statute books for a few years now but has recently hit the headlines. Ruth Dodsworth is an ITV Wales presenter who met her ex-husband, Jonathan Wignall, in 2001. She became the primary income earner...
Draft revised sentencing guidelines have been produced to reflect recent Court of Appeal judgments. The guidelines clarify sentencing guidance for cases where no sexual activity occurs or where the targeted child does not exist. The revised guidelines are subject to...
In 2006 the Association of Chief Police Officers, known as ACPO, founded a Criminal Records Office, now known as ACRO. The intention was for ACRO to organise the management of criminal record information and improve links between the records and biometric information....
An evidence-based practice team from HM Prison and Probation Services have produced a report entitled “An evaluation of a brief intervention to reduce re-offending among women serving short sentences.” Over 12 months, a study was made of 255 women who were...
The Competition and Markets Authority intervened with Facebook to combat fake and misleading reviews on the site. At the beginning of last year, Facebook agreed to “better identify, investigate and respond to fake and misleading reviews”. As a result of...
Every prisoner is given a security category. For female prisoners, there are only two options, closed or open condition. For male prisoners, there are four categories, A to D. What do the categories mean? Female prisoners: Closed conditions are for female prisoners...
During the Covid pandemic, there have been significant limits and halts to prison visits. Once we are out of lockdown, there should be a gradual return to standard visits, so what happens and what are the rules? The Prison Rules, in particular Rule 35, set out the...
Ofsted has announced a review into sexual abuse in schools. The review will consider the processes that schools, and colleges have in place regarding whether they are good enough to allow pupils to report abuse freely. Why conduct a review? A website,...
The Criminal Cases Review Commission referred several cases to the Court of Appeal, which involved allegations of public order related to trade union activity. They included the case of the actor Ricky Tomlinson who had been convicted in 1973 of conspiracy to...
What is bite mark evidence? A bite mark is a pattern produced by the indentations of the teeth into any substance capable of being marked. It is argued that a bite mark can be thought of as a tool mark and that they are unique to the individual, like a fingerprint....
Priti Patel, the Home Secretary, said it was the introduction of the most significant overhaul of the system in decades. The aim appears to be to prevent illegal entry into the UK, especially when people smugglers or trafficking is involved. What are the proposals?...
Steven Levy and Rhys Rosser have successfully appealed against sentence imposed on a company for breaching a tree preservation order, as well as failing to comply with stop notices. Rhys and Steven were able to reduce the financial penalty from £250,000 to £120,000...
This week saw the new series of the BBC’s Line of Duty hit our screens, with another battle ahead for the police against serious organised crime. For those new to this drama, the first episode may well have been very confusing. The episode was clouded in layers...
What is good character? As far as the criminal courts are concerned, a person of good character is usually someone without convictions or cautions recorded against them. It is of particular relevance in a trial situation as the court will consider good character in...
The government has announced what it has called a “world-first scheme” to track certain offenders as they are released from prison. The proposal will make those convicted of burglary, theft or robbery wear a GPS tag on release from prison. The scheme...
More prosecution casework is carried out locally by prosecutors based in regional hubs. For some cases, the position is entirely different, and a specialised team of prosecutors takes over. Specialist Casework – Criteria The Crown Prosecution Service produces...
The Criminal Cases Review Commission began its work on 31 March 1997. It was created by the Criminal Appeal Act 1995, 25 years ago. It came into being after some appalling miscarriages of justice under the previous system of consideration by Home Office ministers....
Police forces must explain the disproportionate use of police powers such as stop and search and use of force on Black, Asian and Minority Ethnic people or risk losing the trust of the communities they serve, a report published today has found. The Police Service...
On 1 April 2020, The Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order 2020 came into force. This statutory instrument’s effect was to alter the early release provisions for some offenders receiving relatively determinate lengthy...
A number of the definitive guidelines published by the Sentencing Council direct sentencers to consider whether the victim of an offence has suffered severe psychological harm. In some guidelines, that question has to be considered at step 1 of the sentencing process:...
Currently, all parole hearings are held in private – this is set out in legislation in the Parole Board Rules. Following a consultation exercise, the government has now committed to opening up the hearings and allowing public access. Legislative change is expected in...
A vast number of cases are awaiting a criminal trial that will rely, to a greater or lesser extent, on the admissibility of communications made via the supposedly highly encrypted Encrochat service. The Court of Appeal has now issued a ruling following preliminary...
The British Broadcasting Corporation (‘BBC’) found itself in the embarrassing position of being fined £28,000 this week after admitting being in contempt of Court. Why was the BBC in trouble? On the morning of 17 November 2020, the BBC made a video and...
Ano-genital findings, namely signs of injury or other non-natural interference, often form part of child abuse prosecutions. In recent years new research has cast doubt on some old beliefs, and it may be the case that some convictions are unsafe. The most recent...
New sentencing guidelines for some drugs offences will come in to force on 1 April 2021 and will apply to all cases sentenced on or after that date. The update is to reflect modern drug offending and new guidelines for offences created by the Psychoactive Substances...
Very often in criminal cases, several witnesses give similar and sometimes almost identical evidence. At first blush, if all the witnesses were at the same place, at the same time and witnessing the same event, surely that is to be expected? But if we pause for a...
It is often said that the function of a Judge during a jury trial, is to act as referee as between prosecution and defence. Whilst a Judge is not entirely side-lined the expectation is that no bias will be displayed against any one party. When a Judge steps over the...
In response to the Coronavirus pandemic, the government introduced changes to the custody time limit regulations that extended the custody time limits in the Crown Court by two months to address ongoing delays in the criminal justice system worsened during the...
The licensing of air weapons is different across the UK: In England and Wales there is no need to acquire a licence to hold an air weapon. In Scotland air weapons owners need a specific air weapons licence. In Northern Ireland air weapons owners need a firearms...
In a recent case, a defendant was acquitted of sexual assault, the Attorney General referred the case to Court to look at a point of law. The question asked was: “Is it necessary for the prosecution to prove, as an element of the offence of sexual assault, not...
The Policing and Crime Act 2017 introduced the power for police to release suspects while under investigation rather than placing them on police bail. Before the Act, a suspect would be released on police bail, with or without conditions, with a date and time to...
Autism spectrum disorder (ASD) refers to a broad range of conditions which are characterised by challenges with social skills, repetitive behaviours, speech and non-verbal communications. Autism is generally a hidden disability, and it may not be immediately apparent...
There is a criminal offence of intentionally assisting offences believing one or more will be committed. Jordan Atkinson was charged with this offence and sentenced to eight years’ imprisonment. The offence he assisted was wounding with intent to cause grievous...
Most people have heard of confiscation orders, usually in the context of drugs offences. After sentence, proceeds of crime hearings can be held, resulting in a confiscation order being made to recover the proceeds of the crime. What some may not be aware of is that it...
Modern Slavery There is a defence under section 45 of the Modern Slavery Act 2015 for a person who is compelled to do an act, where that compulsion is as a result of slavery or exploitation, and a reasonable person in the same position with the same characteristics...
Manslaughter and the ‘PC Harper Case’ The death of PC Harper has been in the news again recently. He died after he was dragged behind a car that was fleeing from the scene of a theft. Unusually, at the same time that the Attorney General applied for leave to refer all...
Rape Myths The Crown Prosecution Service recently produced new guidance for prosecutors considering rape charges. The new guidance was said to help tackle rape myths and stereotypes, several of which were referenced. How much of an issue are rape myths? According to...
Firearms – New sentencing guidelines Eight new guidelines have been published for Firearms offences following an earlier consultation. The guidelines will come into force on 1 January 2021. What are sentencing guidelines? These are guidelines that must be...
Custody time limits & Covid19 Whenever a person is remanded in custody in criminal proceedings, a time limit is set within which the trial must be concluded. The Covid lockdown meant that trials were temporarily suspended leading to issues with custody time...
[Image credit: fullstoppr/13256567] E-scooters Did you know that e-scooters fall within the definition of a motor vehicle? You would not be alone if you said no. Due to the growing popularity of e-scooters and general ignorance in respect of the laws governing them,...
Firearms A firearms consultation has been launched this week to seek views on enhanced security for powerful rifles, introducing licensing controls on miniature rifle ranges, and tougher controls on ammunition. Why is a consultation taking place? There have already...
Reviewing a sentence If the Attorney General believes that a sentence is “unduly lenient”, or too soft as the newspapers may say, she can ask for the case to be referred back to court to be reconsidered. This is what happened to Taha Amin. He pleaded...
It wasn’t me! It is often the case that a defendant does not dispute that a crime has been committed but denies any participation. In such cases, it will be not only essential to challenge any evidence that points to the defendant as being guilty but also look...
Having the Last Word – Closing Speeches The closing speech is a significant opportunity for the defence to make a plea to the jury as to why a not guilty verdict ought to be returned. The speech, which will follow any prosecution closing, allows the defence to...
Human trafficking as a defence In a recent case an appellant, referred to only as “V” pleaded guilty to producing cannabis and was sentenced to 26 months’ detention. He appealed against his conviction. The first issue you may think of is that he pleaded guilty,...
Planning Law – An Expensive Business It can be quite tempting to ignore planning laws in the hope that changes you make to buildings and environment will not be noticed. In our experience, it is quite surprising just how often these breaches come to the attention of...
Rape Prosecutions Newspapers regularly report that the number of rape prosecutions are low or falling. The Crown Prosecution Service has now published new draft legal guidance for prosecutors on “rape myths and stereotypes” as part of the revision of...
Covert Human Intelligence Sources The Covert Human Intelligence Sources (Criminal Conduct) Bill passed its second reading in the House of Commons. The MP who is Minister for Security, James Brokenshire, set out the purposes of the Bill during the Second Reading...
Search Warrants The Law Commission has recommended reforms that it says will reduce the number of unlawful search warrants being issued, and to assist in the collection of evidence and investigation of crime. Currently, a police officer or other investigator applies...
Covid, Self-Isolation and Employer Duties The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020 came into effect on 28 September 2020. The regulations: prohibits an employer from allowing a worker to attend any place (except the...
Memory Fallibility In the criminal courts, we are seeing an ever-increasing number of cases where the court hears evidence from witnesses recounting what apparently happened some years earlier. Of course, in many cases, some of that evidence would have been recorded...
Hate crime – a change of emphasis The Law Commission is considering proposals to reform hate crime laws. Hate crime is where a victim is targeted, perhaps for an assault, criminal damage or harassment, based on a protected characteristic. What are protected...
A Smarter Approach to Sentencing? This is the name of the paper presented to Parliament that proposes changes to the sentencing and release frameworks in the criminal justice system. The paper sets out the “problems” they have identified in the system as...
Law Commission advises the government to get tough on online abuse The Law Commission, which advises the government on law reform has published a report advising changes to laws covering online abuse. Online abuse is covered in the ‘communications offences’ found in...
Recovery plan for the criminal courts In March, nearly 50% of courts were closed, and jury trials were halted to reduce interaction between court users dramatically. Although 90% of courts have re-opened there is a backlog of cases. The government has announced a...
Indictments – The Basics An analysis of criminal appeals reveals that indictment errors, often undetected at the trial stage, can lead to significant injustice. However, the Court of Appeal will not quash a conviction merely because there was some unfairness in...
Secrets and Spies The Official Secrets Act protects the United Kingdom from spying and leaks. The legislation dates back to 1911, 1920, 1939 and was last updated in 1989. Since then, there have been many advances in data technology and communications affecting the...
‘Lurking Doubt’ as a Ground of Appeal The idea of lurking doubt as a ground of appeal was first identified in the case of Cooper [1969] 1 QB 267 when the Court held: ‘…we are indeed charged to allow an appeal against conviction if we think that...
Knives – Cash for Surrender The Offensive Weapons Act 2019 makes provision for the surrender of certain weapons. Sections 44, 46, 54 and 55 of the Act amend various pieces of legislation with the effect that it becomes an offence to possess certain dangerous...
Pandemics, Covid and Fraud Legal experts are warning that an onslaught of new cases is inevitable for the Serious Fraud Office amid the coronavirus-prompted recession. “I envisage that much more serious fraud will be uncovered in the next six to 12 months. The...
Fighting for a Suspended Prison Sentence In many cases, despite the fact an offence is serious enough for a custodial sentence to be imposed, this can be avoided if the court can be persuaded to suspend the prison sentence. Which length of sentence can be suspended?...
Surveillance Society – Court of Appeal Puts Brakes on Police Scheme Several police forces have been using facial recognition technology to detect suspects. Cameras placed in public places can scan thousands of faces as they pass by, matching those images with...
Jurors – When They Misbehave Jurors take an oath to try a case solely on the evidence heard in court, to do otherwise risks a significant miscarriage of justice. At the outset of every criminal trial, and often at frequent points during it, a Judge will remind...
Coronavirus and Custody Time Limits – Some Good News Custody time limits dictate the length of time that someone can be held in custody before the start of the trial. These rules are designed to ensure all persons are kept in custody for indefinite periods...
Court Clarifies Release Provisions The High Court this week confirmed that the new release provisions, applying to some offenders, operate retrospectively. The court was hearing a challenge to the Terrorist Offenders (Restriction of Early Release) Act 2020, which...
Sexual Offences and the Issue of Consent A vast number of sexual offence cases revolve around the issue of consent. In everyday terms, the ‘consent issue’ should be straightforward, either someone did, or did not, consent to sexual intimacy. In real life,...
Sentencing Offenders Suffering from a Mental Disorder A new guideline for sentencing offenders with mental disorders, developmental disorders and neurological impairments has been published by the Sentencing Council. The new ‘Overarching principles: Sentencing...
No Free Ride for Private Prosecutors A peculiar aspect of the criminal costs regime is that a private prosecutor can apply for their costs to be paid by the State, regardless of whether they win or lose the case. This situation allows persons to pursue prosecutions...
Sentencing – Beware the Cliff Edge Ellis Thomas pleaded guilty to a relatively minor public order offence and was sentenced to a community penalty. This penalty becomes the subject of Court of Appeal proceedings due to the following set of facts: “It was...
Modern Policing – Necessary Restraint or Unlawful Violence? We frequently need to consider the use of force by police officers when arresting or otherwise dealing with suspects. In the year ending March 2018, there were 469,000 recorded incidents of the use of...
Jury Trials and Covid 19 In a startling announcement, Justice Secretary Robert Buckland admitted that the right to a jury trial is in his sights and might be curtailed in a few weeks time. Before the Coronavirus pandemic, the Crown Court case backlog was approximately...
Publishing Hate Material – Tough Sentences Can Follow The recent case of Jay Davison acts as a stark reminder of the consequences that can flow if hate material is published. Davison was convicted of three offences of publishing material with intent to stir up...
A Summer of Protest? As we slowly exit the Covid19 ‘lockdown’ we have seen several protests in major cities. As life moves toward a more ‘normal’ footing, whatever that may be, and as we enter the Summer months, protest action may likely...
When Will I Be Sentenced? In cases where there is more than one defendant, it is a common scenario that one of more pleads guilty, perhaps at an early stage, but others continue their case to trial. A question then arises as to whether those who have pleaded guilty...
Damage of Statues – Sentencing Implications On Sunday 7 June protesters in Bristol tore down the statue of Edward Colston and swiftly deposited it in the local harbour. The statute had been in situ for 125 years and had previously attracted a petition of over...
Reporting restrictions Although there is a general principle of open justice, that those who appear in court can be reported on, there are some exceptions. It is a contempt of court to publish anything to the public which creates a substantial risk that the course of...
Postal Offences As the Coronavirus crisis has forced almost everyone to spend more time at home, home deliveries have rocketed as people have been forced to shop online. While this means that many people will be at home to receive deliveries, there have been reports...
Increase in sentences for aggravation related to disability, sexual orientation or transgender identity Section 146 of the Criminal Justice Act 2003 states that if the following circumstances are present, it must be treated as an aggravating factor during sentencing,...
Firearms – Doing Nothing is Not an Option On 20 October 2018 police on uniformed patrol identified a vehicle of interest to them. They followed it for a short distance before causing it to stop. A Mr Jenkins was the driver and a female, Ms Price, was in the...
Counter-Terrorism and Sentencing Bill Following on from the terror attacks at Fishmongers Hall on 29 November 2019 and in Streatham on 2 February 2020 the government has announced the next phase of its tougher approach to terrorism offences. What are the aims of this...
Young Offenders – A Change to Prison Discipline Rules Changes to the prison adjudication rules came in to force on 15 May 2020 and will remain in place until 25 March 2022, unless revoked earlier. The changes are in response to the Coronavirus pandemic. What has...
Penalty Points – Avoiding Double Counting For some new drivers, six penalty points mean resitting a driving test, for other drivers twelve points may mean disqualification. It is therefore vital to ensure that a single piece of driving is not unduly punished...
Local Authority Prosecutions The local authority has the power to prosecute in respect of a number of types of crime. This could be certain types of benefit fraud, fly-tipping, fraudulent use of a blue badge, health and safety offences, noise nuisance, irregular...
Terminating Rulings When a judge makes a ruling at a crown court trial relating to one or more of the offences faced, the prosecution may have a right to appeal against that ruling. The right to appeal against a terminating ruling is strictly conditional upon certain...
The Far Right & Terrorism When people hear reference to the far-right many would think of racism rather than terrorism. Alice Cutter and Mark Jones were members of the banned far-right group National Action along with Garry Jack, Daniel Ward and Connor Scothern....
Is Trial by Jury Going to be Abolished? For the last few weeks, since the Coronavirus ‘lockdown’, all jury trials in England and Wales have been stopped. This is not at all surprising given the scale of the pandemic and the requirement for social...
Will Coronavirus Be a ‘Get out of Jail’ Card? Before a prosecution is commenced, the Crown Prosecution Service must apply two distinct tests. The first is whether there is sufficient evidence to provide a realistic prospect of conviction; If not, the case does not...
Mitigation The dictionary definition of “to mitigate” is to lessen in force or intensity, to make less severe. Mitigation is the act of reducing how harmful, unpleasant or bad something is, something that causes the court to judge a crime to be less...
Emergency Laws Now in Force On Wednesday 25th March 2020 the Coronavirus Bill completed all its parliamentary stages, and Royal Assent was signified, bringing in to force an unprecedented piece of emergency legislation. The purpose of the Coronavirus Act is to enable...
How We Are Handling COVID-19 With the recent outbreak of COVID-19, we understand the necessity of taking precautions to ensure personal health and safety. We know that legal matters continue to be important and are working round the clock to ensure that you will...
Intermediaries The use of intermediaries during criminal trials is becoming increasingly commonplace. An intermediary may be used to assist any witness, including a defendant, give evidence. The functions of an intermediary “Intermediaries are communication...
Criminal Justice and Coronavirus As the UK prepares to move into the ‘delay phase’, changes are expected to criminal justice procedure. So, what might be expected to change? Criminal Investigations In the event of any public disorder, work on low priority...
Social Media – A Dangerous Place for Professionals? Many professionals are held by their regulators to a higher standard than other members of the public. Conduct which may fall well short of being criminal in nature may nonetheless excite the interest of a...
Forensic Evidence The Forensic Science Regulator regulates forensic scientists in England and Wales. The Regulator ensures that the provision of forensic science evidence across the criminal justice system is subject to appropriate standards. The Regulator has...
Tougher approach to assaults on NHS staff Matt Hancock, Secretary of State for Health and Social Care, has written to NHS staff voicing his concern in relation to the use of violence against emergency workers. Hancock’s approach mirrors that taken last year by police...
Prosecuting Without A ‘Victim’ We often get asked how prosecutions can proceed in the absence of cooperation from the victim or chief witness. The starting point is that no prosecution can go ahead unless there is a realistic prospect of conviction, but...
“Blackmail” – “…attempted murder of the soul.” A new series on Netflix, ‘The Stranger’, is receiving rave reviews, with viewers keen to discover the secret being kept from lawyer Adam Price, as the search continues for...
Speeding and GPS – Does the camera lie? Peter Marrable was summonsed to court for speeding. The allegation was that he had driven at 72mph in a temporary 50mph zone. The police produced evidence of the speed from a ‘Trucam’ device that was approved,...
End of automatic release for some persons convicted of terrorist offences On Sunday 1st February 2020 Sudesh Amman wore a fake suicide vest and stabbed two people in Streatham. Amman had only recently been released from a prison sentence imposed for spreading...
Prison Contraband The government has announced further funding to strengthen security measures at several prisons. The funding will go towards advanced body scan technology, aimed at preventing drugs, weapons, mobile telephones and other prohibited items from entering...
Driving Disqualifications The Sentencing Council is responsible for issuing guidelines on sentencing for the courts to follow. Guidelines must be followed unless it is in the interests of justice not to do so. New guidelines are now being proposed in respect of...
Recording and Broadcasting in Court It has long been a criminal offence to take photographs or make recordings in court; even sketch artists have to sketch from memory rather than while in court. In 2011 an 85-year-old man was sent to prison for recording court...
Date rape drugs and the law Reynhard Sinaga was sentenced to life imprisonment for the rape and sexual assault of 48 victims. The student is believed to have laced drinks with GHB to make his victims lose consciousness and have no recollection of what happened. He...
Prisoners Abroad – Help is Available The plight of a 19-year-old British lady hit the news last week, culminating in reports of her being sentenced by a Cypriot court for making what was said to be a false rape allegation. There are many features of this...
Notification Requirements – Removal A large number of people are subject to notification requirements under Part 2 of the Sexual Offences Act 2003, many for an indeterminate period. The notification framework is often referred to as the ‘sex offender...
Interpreters Many people face court proceedings who do not necessarily have a detailed grasp of the English language. A defendant mustn’t be a mere observer of legal proceedings and that they, as fully as anyone not legally qualified can, participate fully. It...
Giving False Information to the Police It is an offence to give false information to the police. Section 5(2) of the Criminal Law Act 1967 provides: ‘Where a person causes any wasteful employment of the police by knowingly making to any person a false report...
It’s Christmas Time! But Also, Business As Usual For Us The festive season is a time to kick back and enjoy a little rest and recuperation before 2020 hits us all like a brick and life carries on as usual. While we will be hoping to enjoy some well-earned rest,...
Innocent and Angry – A Measured Response Required It is a common occurrence to come across suspects and defendants who fee extreme anger at being caught up in the criminal justice process. That anger sometimes spills over into the public domain, and the free...
Playing Politics with Crime? We are in the midst of a general election, so it is perhaps not surprising that ‘law and order’ are featuring in the news as the main political parties fight for the popular vote. While as a firm, we do not offer any...
The Pizza Alibi On 10th March 2001, HRH Prince Andrew is alleged to have met and been photographed with a lady who has accused the Prince of sexual misconduct. In a BBC interview, Prince Andrew throws ridicule on that suggestion and throws up two interesting...
Lies and Easy Money In a case this week involving Jet2 Holidays, Karl and Laura Hughes claimed that they had suffered sickness while on a package holiday. They said they had food poisoning as a result of eating contaminated food or drink or swimming in the hotel’s...
Tracking Violent Offenders A pilot is being carried out into electronic monitoring global positioning system. The aim of the pilot is to gain information to look at how existing and new electronic monitoring technologies could be used more effectively. A specific...
General Election 2019 – Don’t Get Caught Out The parliamentary session has come to an end, and we will go to the polls on 12th December 2019 to decide the political makeup of the next parliament. The Representation of the People Act 1983 creates a number...
Investigating Death Cases involving the death of a person can have a devastating impact on all concerned. From our perspective, we often deal with people facing the gravest charges after an incident causing loss of life. The gravity of the proceedings can have a...
Unduly Lenient Sentences – Scheme to Be Extended The government has announced changes to the Unduly Lenient Sentence (‘ULS’) Scheme. There are certain offences where the prosecution (via the Attorney General) can ask the Court of Appeal to review a...
Getting Tough on Health and Safety A number of recent cases indicate an increasingly robust approach to health and safety law breaches. Company Director Robert Harvey was imprisoned for ten months following an accident where a fellow worker was crushed to death by an...
Terrorism Offences – Tougher Sentences on the Way The Sentencing Council is consulting on revised sentencing guidelines for several terrorism offences. This is on the face of it a surprising move given that a definitive guideline was only recently implemented....
Stop and Search The police, with the support of the Home Office, are making more extensive use of stop and search powers. This new approach is partly due to rising public and political concern about knife crime. A hitherto little-used power to extend the use of stop...
Public Order – New Sentencing Guidelines New sentencing guidelines for public order offences come in to force for adults sentenced on or after 1 January 2020. In August 2008, the Sentencing Guidelines Council published Magistrates’ Court Sentencing Guidelines...
Drink or Drug Driving – The Second Sample In some cases, the police need to take either a blood or urine sample from a driver suspected of driving under the influence of drink or drugs. In almost all instances, the police opt for a blood sample. Part of the...
Firearms – Sentencing Reform The Sentencing Council is consulting on a new guideline for some of the most commonly prosecuted firearms offences. At the moment, guidance is to be found only in case law, and this can lead to a challenging sentencing exercise. The...
Diplomatic Immunity The somewhat arcane topic of diplomatic Immunity has hit the news headlines following the tragic death of 19-year-old Harry Dunn, as a result of a road traffic collision. It has been confirmed that the wife of an American diplomat has returned to...
Conservatives Signal Tougher Sentencing Regime At the Conservative Party Conference this week, the government indicated that it was to get tough on offenders who commit some of the most serious offences, with automatic release at the half-way point being removed in...
Are Your Rights An Illusion? Rights – A Mere Illusion? The EU has published a report, ‘Rights in practice: access to a lawyer and procedural rights in criminal and European arrest warrant proceedings’, that details the extent to which fundamental...
Delayed Justice Janet Commins was born on 9 June 1960. On 7 January 1976, shortly after 7.00 pm, she left her home in Flint to meet friends at the local swimming baths. She left a note for her parents, as she often did, to say that she would be back at around 8.30 pm....
The Absent Witness In some instances, it is not convenient for a witness to be present in court to give evidence, generally because they live or work some distance away from the court, or some other good reason. There are legal provisions that cater for this scenario,...
More Sentences at Risk of Prosecution Appeal The prosecution, via the Attorney General, has the right to ask the Court of Appeal to consider whether sentences for certain offences are unduly lenient. How does the scheme work? Anyone can ask the Attorney General to...
Gait Analysis What is gait? Gait, quite simply, is how a person walks, the movement of limbs. How does this relate to criminal law? With the ever-increasing use of CCTV, the identification of offenders from footage is also increasing. Sometimes a face cannot clearly...
Jury Challenge It is a common feature of American courtroom drama that a defence attorney moves to remove a juror that they do not like the look of. Many clients wonder whether the same type of challenge can take place in an English courtroom. The Jury Pool In some...
The Cut-Throat Defence A cut-throat defence is where one defendant gives evidence that is damaging to a co-defendant’s case, sometimes going as far as directly accusing the other person of the crime, while typically seeking to exonerate themselves. Such evidence...
Drugs, Prisons and Sentencing With many offences, the punishment may vary according to the context of the criminality. By way of example, violence in a domestic context will generally be treated more harshly than the same level of harm against a stranger (absent other...
A Bad Day in Court? Several newspapers recently pondered why ‘one woman is jailed after stealing just £3,000 but another who took £22,000 walks free.” The story was sparked by a tale of two defendants who appeared at the same court centre, on the same day,...
Sentencing and Delay – Can it work in your favour? There have been widespread reports in the press about spare courtroom capacity, with judicial sitting days at an all-time low. These reports correspond to our own experience. When court delay is combined with...
Ten years for a double killing – look behind the headlines In a truly tragic case, Samantha Ford drowned her 23-month-old twins in the bath. Appearing at the Old Bailey for sentence, the Judge, Mr Justice Edis, handed down a 10-year sentence, causing widespread...
Solicitors, Charlatans and the Internet We interchangeably use many terms to describe legal professionals: lawyers, solicitors, legal advisers, attorneys (an Americanism), a ‘brief’. There are countless others in common usage. Regrettably, this flexibility...
Airports, Planes and Alcohol It has been reported in the press that 500 people have been arrested while drunk on a plane at British airports in the last three years. For many people a holiday begins once cases have been checked in, and what is the harm in that? It is...
The Parole Board The Parole Board is an independent body that carries out risk assessments on prisoners serving certain sentences to determine whether they can be safely released into the community. When a person is considered to be fit for release it means that their...
Length of Sentence – Not Always a Surprise The Government has published new plans to make the roads safer for everyone. The plans include several changes for people at every stage of life, and also for more specialised drivers like HGV drivers and motorcycle riders....
Road Safety Review – More New Laws? The Government has published new plans to make the roads safer for everyone. The plans include several changes for people at every stage of life, and also for more specialised drivers like HGV drivers and motorcycle riders. Children...
Criminal Compensation Order The press has recently reported that children who were victims of serious sexual abuse have received paltry sums, £20 for example, as compensation from the courts. So, what exactly is a criminal compensation order? The court has a duty to...
Dirty money The Government has published the new Economic Crime Plan for the next three years. In it, they unveil their strategy for dealing with all types of economic crime, such as money laundering, fraud, market abuse, and bribery. What is economic crime, and why...
Prison rehabilitation and employment Recently the government announced incentives for prisoners in custody focussing on positive reinforcements. In doing so, the longer-term aim is to assist rehabilitation and prevent re-offending. A further announcement has been made...
