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

Following on from the terror attacks at Fishmongers Hall on 29 November 2019, and in Streatham on 2 February 2020, the government has announced the next phase of its tougher approach to terrorism offences.   What are the aims of this proposed legislation? The Counter-Terrorism and Sentencing Bill is designed to further strengthen the approach… Continue reading Counter-Terrorism and Sentencing Bill

Section 146 of the Criminal Justice Act 2003 states that if the following circumstances are present, it must be treated as an aggravating factor during sentencing, and in this article, we look at ways that you can mitigate its effect. Those circumstances are — That, at the time of committing the offence, or immediately before or… Continue reading Increase in Sentences for Aggravation Related to Disability, Sexual Orientation or Transgender Identity

The housing market and industry have taken many innovative steps to ensure that it can adjust and survive during the lockdown restrictions across the UK that have been in place since March 2020. This has included more widespread use of electronic signatures and virtual valuations.    Selling and moving house during lockdown Since May 2020,… Continue reading Coronavirus and Conveyancing

As the Coronavirus crisis has forced almost everyone to spend more time at home, home deliveries have rocketed as people have been forced to shop online. While this means that many people will be at home to receive deliveries, there have been reports of organised criminal activity to steal parcels and other items of value.… Continue reading Postal Offences

Although there is a general principle of open justice, that those who appear in court can be reported on, there are some exceptions. It is a contempt of court to publish anything to the public which creates a substantial risk that the course of justice in the proceedings will be seriously impeded or prejudiced, even… Continue reading Reporting Restrictions