Category: Latest News

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?

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

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?

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

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

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 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

Several police forces have been using facial recognition technology to detect suspects. Cameras placed in public places can scan thousands of faces as they pass by, matching those images with images on a database. The technology can assist in the apprehension of wanted offenders, and potentially track people as they go about their lawful business.… Continue reading Surveillance Society – Court of Appeal Puts Brakes on Police Scheme

In many cases, despite the fact an offence is serious enough for a custodial sentence to be imposed, this can be avoided if the court can be persuaded to suspend the prison sentence.   Which length of sentence can be suspended? The sentence must meet these rules: (1) For those aged 21+ at conviction, the… Continue reading Fighting for a Suspended Prison Sentence

The presence of fibres on a person or object is a relatively common feature of serious criminal cases, in particular cases of murder or other serious violence. Fibres can be easily transferred, and their presence can indicate a link between people, locations and/ or objects. We know that a significant transfer of fibres can take place… Continue reading Transfer of Fibres – Major New Research Published