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Rape Prosecutions

Newspapers regularly report that the number of rape prosecutions are low or falling. The Crown Prosecution Service has now published new draft legal guidance for prosecutors on “rape myths and stereotypes” as part of the revision of guidance on rape and serious sexual offences. In July this year, the CPS published a five-year strategy to… Continue reading Rape Prosecutions

Planning Law – An Expensive Business

It can be quite tempting to ignore planning laws in the hope that changes you make to buildings and environment will not be noticed. In our experience, it is quite surprising just how often these breaches come to the attention of the authorities, suggesting that many in society take a very close interest indeed to… Continue reading Planning Law – An Expensive Business

Human Trafficking as a Defence

In a recent case, an appellant (referred to only as “V”) pleaded guilty to producing cannabis and was sentenced to 26 months’ detention. He appealed against his conviction. The first issue you may think of is that he pleaded guilty, so how could he appeal against conviction? V put forward several arguments; he said his decision… Continue reading Human Trafficking as a Defence

Lockdown 2

A new lockdown is in force across England from midnight on 5th November 2020 for 28 days. The new laws are intended to dampen down the spread of Covid19 and ensure that the National Health Service is not overwhelmed due to demand breaching its operational capacity.   What can I still do? You can leave… Continue reading Lockdown 2

Witness Evidence – Unfinished Business

In the usual run of events, a witness will give their evidence, be subject to cross-examination, and in some cases re-examination. But, things do not always go to plan, and the Court of Appeal has had to deal with several such cases. In Stretton and McCallion (1988) 86 Cr. App. R. 7, CA a witness (‘Vera’)… Continue reading Witness Evidence – Unfinished Business

It Wasn’t Me!

It is often the case that a defendant does not dispute that a crime has been committed but denies any participation. In such cases, it will be not only essential to challenge any evidence that points to the defendant as being guilty but also look for evidence that may point the finger elsewhere. It might be… Continue reading It Wasn’t Me!

What Happens in Care Proceedings?

What does ‘care proceedings’ mean? One of the most terrifying things for a parent is the involvement of social services with their child, and allegations made as to the care of, neglect of or unexplained injuries to their children. What are your rights? What are the procedures? Can they remove your children from their home?… Continue reading What Happens in Care Proceedings?

Sentencing Offenders Suffering from a Mental Disorder

A new guideline for sentencing offenders with mental disorders, developmental disorders and neurological impairments has been published by the Sentencing Council.  The new ‘Overarching principles: Sentencing offenders with mental disorders, developmental disorders, or neurological impairments’ guideline provides clarity and transparency around the sentencing process for this group of offenders. Evidence suggests that people in the… Continue reading Sentencing Offenders Suffering from a Mental Disorder

Sexual Offences and the Issue of Consent

A vast number of sexual offence cases revolve around the issue of consent. In everyday terms, the ‘consent issue’ should be straightforward, either someone did, or did not, consent to sexual intimacy. In real life, particularly in the context of sexual relationships, deciphering the intentions and beliefs of those participating in sexual relations has proven… Continue reading Sexual Offences and the Issue of Consent

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