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Recovery Plan for the Criminal Courts

In March, nearly 50% of courts were closed, and jury trials were halted to reduce interaction between court users dramatically. Although 90% of courts have reopened, there is a backlog of cases.   The government has announced a series of new measures to address the current delays in criminal courts. Although some lawyers would argue that… Continue reading Recovery Plan for the Criminal Courts

Reviewing A Sentence

If the Attorney General believes that a sentence is “unduly lenient”, or too soft as the newspapers may say, she can ask for the case to be referred back to court to be reconsidered. This is what happened to Taha Amin. He pleaded guilty to several robberies and thefts and was sentenced to 23 months’ imprisonment,… Continue reading Reviewing A Sentence

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

Losing Your Home For A Crime You Did Not Commit

It is now a common feature of criminal cases that confiscation of an offender’s assets is considered following conviction. The Proceeds of Crime Act 2002 is designed to prevent a person from benefiting from the proceeds of crime.   Typical Scenario “Jack and Jill have been married for 20 years, they both work and have… Continue reading Losing Your Home For A Crime You Did Not Commit

Court Clarifies Release Provisions

The High Court this week confirmed that the new release provisions, applying to some offenders, operate retrospectively. The court was hearing a challenge to the Terrorist Offenders (Restriction of Early Release) Act 2020, which provides that persons convicted of certain offences will not be released automatically after serving half of their sentence. Instead, prisoners will… Continue reading Court Clarifies Release Provisions

Coronavirus and Custody Time Limits – Some Good News

Custody time limits dictate the length of time that someone can be held in custody before the start of the trial. These rules are designed to ensure all persons are kept in custody for indefinite periods awaiting trial and impose obligations on the State to ensure courts function correctly.   Custody time limits can, however,… Continue reading Coronavirus and Custody Time Limits – Some Good News

Jurors – When They Misbehave

Jurors take an oath to try a case solely on the evidence heard in court, to do otherwise risks a significant miscarriage of justice. At the outset of every criminal trial, and often at frequent points during it, a Judge will remind jurors of this rule. On occasion, however, a juror does transgress, whether by… Continue reading Jurors – When They Misbehave