Category: Latest News

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

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

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 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!

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

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

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

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

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

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