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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

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

Interpretation of Ano-Genital Findings

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 authoritative guidance is that provided by the Royal College of Paediatrics and… Continue reading Interpretation of Ano-Genital Findings

BBC in the Dock

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 audio recording of half a day’s hearing in the Planning Court… Continue reading BBC in the Dock