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Modernising Communications Offences

The Law Commission has published a set of recommendations aiming to address the harms that arise from online abuse. As a counterbalance, protections for freedom of expression are recommended to increase. The Law Commission is independent and was set up by parliament to keep the law in England and Wales under review and to recommend… Continue reading Modernising Communications Offences

Mentally Disordered Offenders

Police, Crime, Sentencing and Courts Bill

Record Environmental Agency Prosecution

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 term breaches causing major harm to protected areas, conservation sites and oyster beds.   The… Continue reading Record Environmental Agency Prosecution

Trade Mark Offences – New Sentencing Guidelines

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 maximum for the offence and must be followed unless the court is satisfied that it would not be… Continue reading Trade Mark Offences – New Sentencing Guidelines

Criminal Cases Review Commission – Improvement Needed?

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. That system was clearly not working in the interests of justice… Continue reading Criminal Cases Review Commission – Improvement Needed?

Harbouring an Escapee

Sometimes you can commit an offence without doing very much at all. Harbouring an escapee is one of those offences. The offence is committed if you harbour a person who has escaped from prison or assisting an escapee by giving that person any assistance with intent to prevent, hinder or interfere with him being taken… Continue reading Harbouring an Escapee

Cutting Crime and Building Safer Communities?

The government has announced that there will be new legislation designed to cut “crime and build safer communities”. The Police, Crime, Sentencing and Courts Bill is intended to give the police: “the powers and tools they need to protect themselves and the public”.  The measures include: Positions of Trust  Existing legislation will be widened to include sports… Continue reading Cutting Crime and Building Safer Communities?

Assault Sentencing Guidelines

The existing assault guidelines came into effect in January 2012; at the same time, the attempt murder guideline was revised.  Following an “extensive and complex project”, new sentencing guidelines have been announced for certain violent offences, including new guidance for assaults on emergency workers. Sentencing guidelines are referred to by any sentencing tribunal to assist… Continue reading Assault Sentencing Guidelines

Deaf Jurors

At the moment, profoundly deaf people rarely sit as jurors. There are strict laws that prevent anyone other than the twelve jurors from entering the deliberation room. This means that a sign language interpreter cannot enter the room. The purpose of the legislation preventing a “13th person” is to prevent any outside influence in the… Continue reading Deaf Jurors