Category: Latest News

The idea of lurking doubt as a ground of appeal was first identified in the case of Cooper [1969] 1 QB 267 when the Court held: ‘…we are indeed charged to allow an appeal against conviction if we think that the verdict of the jury should be set aside on the ground that under all… Continue reading ‘Lurking Doubt’ as a Ground of Appeal

The Supreme Court has ruled on the use in a criminal trial of evidence obtained by members of the public acting as so-called “paedophile hunter” (“PH”) groups, and whether this is compatible with the accused person’s rights under article 8 of the European Convention on Human Rights (“the ECHR”). PH groups impersonate children online to… Continue reading Freelance Justice – The Role of ‘Paedophile Hunters’

The Official Secrets Act protects the United Kingdom from spying and leaks. The legislation dates back to 1911, 1920, 1939 and was last updated in 1989. Since then, there have been many advances in data technology and communications affecting the nature of unauthorised disclosures and espionage. As a result, the Law Commission has provided a report to… Continue reading Secrets and Spies

A peculiar aspect of the criminal costs regime is that a private prosecutor can apply for their costs to be paid by the State, regardless of whether they win or lose the case. This situation allows persons to pursue prosecutions which other bodies such as the Crown Prosecution Service may have declined to take up,… Continue reading No Free Ride for Private Prosecutors

An analysis of criminal appeals reveals that indictment errors, often undetected at the trial stage, can lead to significant injustice. However, the Court of Appeal will not quash a conviction merely because there was some unfairness in the trial process; it will only do so if the conviction is unsafe. The application of this test,… Continue reading Indictments – The Basics

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?

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