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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 guidance on rape and serious sexual offences. In July this year, the CPS published a five-year strategy to… Continue reading Rape Prosecutions

What is collaborative divorce? A collaborative divorce involves both parties and their respective solicitors working on a collaborative process. This means that they agree to work together to come to a solution without going to court.   What’s the difference between collaborative divorce and mediation? The main difference between collaborative divorce and mediation is that… Continue reading Guide to Collaborative Divorce

It is quite common for a police officer to view CCTV footage and purport to identify a suspect. Many unresolved cases are distributed to police forces nationally on the off-chance that an officer may recognise someone who is wanted for questioning (Smith [2008] EWCA Crim 1342).  In other cases, an officer may compare a photograph… Continue reading Identification by Police Officers

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 debate.  “…the Bill deals with participation in criminal conduct by covert human intelligence sources – so-called CHIS. These… Continue reading Covert Human Intelligence Sources

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 place where they are required to self-isolate) for any purpose connected to the worker’s employment; sets out the prohibition on knowingly allowing a self-isolating… Continue reading Covid, Self-Isolation and Employer Duties

Section 7 Road Traffic Act 1988 states that a person who, without reasonable excuse, fails to provide a specimen when required to do so is guilty of an offence. The offence can be punished by up to six months imprisonment and in some cases, also carries mandatory disqualification from driving. In legal terms, the offence… Continue reading Failure to Provide a Specimen of Breath

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 characteristics? Currently, the protected characteristics are race, religion, sexual orientation, disability and transgender identity.    Why are reforms needed?… Continue reading Hate Crime – A Change of Emphasis

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 being automatic release, improving confidence and addressing the causes of offending.   Automatic release – the blanket use of automatic… Continue reading A Smarter Approach to Sentencing?

If you, or someone you know, is being arrested and suspected of committing a crime, they/ you have the right to receive free legal advice, otherwise known as legal aid. If you’ve asked for it, legal aid should be given before you are questioned at a police station.   How can you get free legal… Continue reading What Are Your Rights If You’re Being Arrested?

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 section 1 of the Malicious Communications Act 1988 and section 127 of the Communications Act 2003. The Law Commission believes that “these laws suffer… Continue reading Law Commission Advises the Government to Get Tough on Online Abuse