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Law Commission Advises the Government to Get Tough on Online Abuse

The Law Commission, which advises the government on law reform has published a report advising changes to laws covering online abuse. Online abuse is covered in the ‘communications offences’ found in section 1 of the Malicious Communications Act 1988 and section 127 of the Communications Act 2003. The Law Commission believes that “these laws suffer… Continue reading Law Commission Advises the Government to Get Tough on Online Abuse

Firearms

A firearms consultation has been launched this week to seek views on enhanced security for powerful rifles, introducing licensing controls on miniature rifle ranges, and tougher controls on ammunition.    Why is a consultation taking place? There have already been changes to firearms legislation in recent years such as new offences to prevent the conversion… Continue reading Firearms

What Are Your Rights If You’re Being Arrested?

If you, or someone you know, is being arrested and suspected of committing a crime, they/ you have the right to receive free legal advice, otherwise known as legal aid. If you’ve asked for it, legal aid should be given before you are questioned at a police station.   How can you get free legal… Continue reading What Are Your Rights If You’re Being Arrested?

Custody Time Limits & COVID-19

Whenever a person is remanded in custody in criminal proceedings, a time limit is set within which the trial must be concluded. The Covid lockdown meant that trials were temporarily suspended leading to issues with custody time limits; if a trial cannot take place within the specified timeframe an application can be made for the… Continue reading Custody Time Limits & COVID-19

A Smarter Approach to Sentencing?

This is the name of the paper presented to Parliament that proposes changes to the sentencing and release frameworks in the criminal justice system. The paper sets out the “problems” they have identified in the system as being automatic release, improving confidence and addressing the causes of offending.   Automatic release – the blanket use of automatic… Continue reading A Smarter Approach to Sentencing?

Firearms – New Sentencing Guidelines

Eight new guidelines have been published for Firearms offences following an earlier consultation. The guidelines will come into force on 1 January 2021.   What are the new sentencing guidelines? These are guidelines that must be followed by sentencers. The guidelines must be followed unless the Judge or Magistrates’ consider it is not in the… Continue reading Firearms – New Sentencing Guidelines

Hate Crime – A Change of Emphasis

The Law Commission is considering proposals to reform hate crime laws. Hate crime is where a victim is targeted, perhaps for an assault, criminal damage or harassment, based on a protected characteristic.    What are protected characteristics? Currently, the protected characteristics are race, religion, sexual orientation, disability and transgender identity.    Why are reforms needed?… Continue reading Hate Crime – A Change of Emphasis

Failure to Provide a Specimen of Breath

Section 7 Road Traffic Act 1988 states that a person who, without reasonable excuse, fails to provide a specimen when required to do so is guilty of an offence. The offence can be punished by up to six months imprisonment and in some cases, also carries mandatory disqualification from driving. In legal terms, the offence… Continue reading Failure to Provide a Specimen of Breath

Covid, Self-Isolation and Employer Duties

The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020 came into effect on 28 September 2020. The regulations: prohibits an employer from allowing a worker to attend any place (except the place where they are required to self-isolate) for any purpose connected to the worker’s employment; sets out the prohibition on knowingly allowing a self-isolating… Continue reading Covid, Self-Isolation and Employer Duties

Covert Human Intelligence Sources

The Covert Human Intelligence Sources (Criminal Conduct) Bill passed its second reading in the House of Commons. The MP who is Minister for Security, James Brokenshire, set out the purposes of the Bill during the Second Reading debate.  “…the Bill deals with participation in criminal conduct by covert human intelligence sources – so-called CHIS. These… Continue reading Covert Human Intelligence Sources