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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

Good Character as Mitigation

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 assessing the likelihood of you committing the offence and also your… Continue reading Good Character as Mitigation

New Proposals

The government recently announced a range of proposals regarding immigration, but how does this affect criminal law? 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… Continue reading New Proposals

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

Sentencing for Drugs Offences

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 Act 2016 to bring clarity and transparency around the… Continue reading Sentencing for Drugs Offences