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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

Identification by Police Officers

It is quite common for a police officer to view CCTV footage and purport to identify a suspect. Many unresolved cases are distributed to police forces nationally on the off-chance that an officer may recognise someone who is wanted for questioning (Smith [2008] EWCA Crim 1342).  In other cases, an officer may compare a photograph… Continue reading Identification by Police Officers

Guide to Collaborative Divorce

What is collaborative divorce? A collaborative divorce involves both parties and their respective solicitors working on a collaborative process. This means that they agree to work together to come to a solution without going to court.   What’s the difference between collaborative divorce and mediation? The main difference between collaborative divorce and mediation is that… Continue reading Guide to Collaborative Divorce

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

Counterfeit Goods: New Sentencing Guideline Proposed

The Sentencing Council has launched a consultation on new guidelines for sentencing offenders for using a trademark without the owner’s consent. The new guideline will apply to both individuals and organisations in England and Wales. The new guideline will replace the current guideline published in 2008, which is used in magistrates’ courts and applies to… Continue reading Counterfeit Goods: New Sentencing Guideline Proposed

Knives – Cash for Surrender

The Offensive Weapons Act 2019 makes provision for the surrender of certain weapons. Sections 44, 46, 54 and 55 of the Act amend various pieces of legislation with the effect that it becomes an offence to possess certain dangerous knives, offensive weapons, firearms and ancillary equipment which it was previously lawful to keep (including certain… Continue reading Knives – Cash for Surrender

Sentencing – Beware the Cliff Edge

Ellis Thomas pleaded guilty to a relatively minor public order offence and was sentenced to a community penalty. This penalty becomes the subject of Court of Appeal proceedings due to the following set of facts: “It was imposed on the appellant in the Crown Court not long after his 18th birthday for an offence committed… Continue reading Sentencing – Beware the Cliff Edge