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Your Guide to Conveyancing

Buying and/ or selling a house is an exciting, expensive and, at times, stressful experience in our lives. But, for those looking to buy their first home, the conveyancing process, can be quite overwhelming. There is a lot to organise; from legal matters to financial arrangements and various regulations to comply with. To help you… Continue reading Your Guide to Conveyancing

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

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

Parole Board Hearings – Public Scrutiny

Currently, all parole hearings are held in private – this is set out in legislation in the Parole Board Rules. Following a consultation exercise, the government has now committed to opening up the hearings and allowing public access. Legislative change is expected in the next few months. The government has stated that: ‘…we are persuaded… Continue reading Parole Board Hearings – Public Scrutiny

Manslaughter and the ‘PC Harper Case’

The death of PC Harper has been in the news again recently. He died after he was dragged behind a car that was fleeing from the scene of a theft.  Unusually, at the same time that the Attorney General applied for leave to refer all three sentences as being unduly lenient, the three accused applied… Continue reading Manslaughter and the ‘PC Harper Case’

Sentencing And The Issue of ‘Psychological Harm’

A number of the definitive guidelines published by the Sentencing Council direct sentencers to consider whether the victim of an offence has suffered severe psychological harm.  In some guidelines, that question has to be considered at step 1 of the sentencing process: a finding of severe psychological harm places the case into a higher category… Continue reading Sentencing And The Issue of ‘Psychological Harm’

Modern Slavery

There is a defence under section 45 of the Modern Slavery Act 2015 for a person who is compelled to do an act, where that compulsion is as a result of slavery or exploitation, and a reasonable person in the same position with the same characteristics would have no realistic alternative. In a recent case,… Continue reading Modern Slavery

Drugs & Sentencing – Is Cash Relevant?

In the case of Mahmood [2019] EWCA Crim 1532, the court dealt with the relevance of cash when determining which sentencing category an offence fell into. A large quantity of drugs was seized from Mahmood’s premises along with around £30,000 in cash. The Judge found that the offending fell into Category 2 harm, not Category… Continue reading Drugs & Sentencing – Is Cash Relevant?

Confiscation Orders, Local Authorities and Houses of Multiple Occupancy

Most people have heard of confiscation orders, usually in the context of drugs offences. After sentence, proceeds of crime hearings can be held, resulting in a confiscation order being made to recover the proceeds of the crime. What some may not be aware of is that it is not just the Crown Prosecution Service who… Continue reading Confiscation Orders, Local Authorities and Houses of Multiple Occupancy