Category: Latest News

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’

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

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?

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

On 1 April 2020, The Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order 2020 came into force. This statutory instrument’s effect was to alter the early release provisions for some offenders receiving relatively determinate lengthy custodial sentences. By way of example, an offender who received a sentence of 12 years imprisonment would be released… Continue reading Court of Appeal Refuses to Correct Early Release Injustice

There is a criminal offence of intentionally assisting offences believing one or more will be committed.  Jordan Atkinson was charged with this offence and sentenced to eight years’ imprisonment. The offence he assisted was wounding with intent to cause grievous bodily harm. Several co-accused were convicted of murder, wounding and assisting an offender. Atkinson appealed… Continue reading Intentionally Assisting Offences

Police forces must explain the disproportionate use of police powers such as stop and search and use of force on Black, Asian and Minority Ethnic people or risk losing the trust of the communities they serve, a report published today has found. The Police Service Inspectorate (HMICFRS) aid that despite having more data on the… Continue reading Police Stop & Search – Time to Rethink?

Autism spectrum disorder (ASD) refers to a broad range of conditions which are characterised by challenges with social skills, repetitive behaviours, speech and non-verbal communications.  Autism is generally a hidden disability, and it may not be immediately apparent that a person has it, and they may be undiagnosed. A person with autism may become involved… Continue reading Autism And Crime

The Policing and Crime Act 2017 introduced the power for police to release suspects while under investigation rather than placing them on police bail. Before the Act, a suspect would be released on police bail, with or without conditions, with a date and time to report back to the police station if further investigation was… Continue reading Release Under Investigation

In a recent case, a defendant was acquitted of sexual assault, the Attorney General referred the case to Court to look at a point of law. The question asked was: “Is it necessary for the prosecution to prove, as an element of the offence of sexual assault, not only that the offender intentionally touched another… Continue reading Sexual Assault and Intent