Category: Latest News

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

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

Legal experts are warning that an onslaught of new cases is inevitable for the Serious Fraud Office amid the coronavirus-prompted recession.  “I envisage that much more serious fraud will be uncovered in the next six to 12 months. The SFO will be even more relevant than it has been before, post-pandemic,” says Sam Tate, a… Continue reading Pandemics, Covid and Fraud