Category: Latest News

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

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

On Sunday 7 June 2020 protesters in Bristol tore down the statue of Edward Colston and swiftly deposited it in the local harbour. The statue had been in situ for 125 years and had previously attracted a petition of over 10,000 names calling for its removal, due to Colston’s close connection to the slave trade. The… Continue reading Damage of Statues – Sentencing Implications

In cases where there is more than one defendant, it is a common scenario that one of more pleads guilty, perhaps at an early stage, but others continue their case to trial. A question then arises as to whether those who have pleaded guilty earlier should be sentenced immediately, or at some other point. The starting… Continue reading When Will I Be Sentenced?

As we slowly exit the Covid-19 ‘lockdown’, we have seen several protests in major cities. As life moves toward a more ‘normal’ footing, whatever that may be, and as we enter the Summer months, protest action may likely increase. In this article, we explore some of the legal powers that regulate processions and assemblies, found… Continue reading A Summer of Protest?