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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

Threats to Share Intimate Images

The Domestic Abuse Bill 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 doing so, the person intends to cause distress to that… Continue reading Threats to Share Intimate Images

Stalking and Stalking Protection Orders

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 contact. The conduct was over a four-month period, but… Continue reading Stalking and Stalking Protection Orders

Holocaust Denial

In Israel and some 16 European countries, there is a specific offence of Holocaust denial. Holocaust denial is denying that the genocide of Jews took place by the Nazis in the Holocaust. Deniers will, for example, say that significantly less than the accepted number of Jews died, that the camps were not used for murder… Continue reading Holocaust Denial

Bite Mark Evidence – Part One

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. The way a bite… Continue reading Bite Mark Evidence – Part One

Bite Mark Evidence – Part Two

“Why Bite Mark Evidence Should Never Be used in Criminal Trials” is a report published by the Innocence Project. They state that at least 26 people have been wrongly arrested, charged or convicted of offences based on bite mark evidence.  Concerns in respect of this type of evidence have been around for some time. In… Continue reading Bite Mark Evidence – Part Two

Non-Disclosure and Prejudice

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 intimidate, unlawful assembly and affray and sentenced to two years’ imprisonment.  There was… Continue reading Non-Disclosure and Prejudice

Sexual Abuse in Schools

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, “Everyone’s Invited”, published anonymised accounts of sexual abuse – many of the reports… Continue reading Sexual Abuse in Schools