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Pandemics, Covid and Fraud

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

How Have Relationships Coped During Lockdown?

The UK lockdown has taken its toll on everyone, for both businesses and individuals alike, but how have relationships coped during this time? The last few months have tested relationships in ways that many couples have never experienced before, nor expected. It’s been intense; there’s been a lot of uncertainty, fast-tracking and being apart.  … Continue reading How Have Relationships Coped During Lockdown?

Counterfeit Goods: New Sentencing Guideline Proposed

The Sentencing Council has launched a consultation on new guidelines for sentencing offenders for using a trademark without the owner’s consent. The new guideline will apply to both individuals and organisations in England and Wales. The new guideline will replace the current guideline published in 2008, which is used in magistrates’ courts and applies to… Continue reading Counterfeit Goods: New Sentencing Guideline Proposed

Knives – Cash for Surrender

The Offensive Weapons Act 2019 makes provision for the surrender of certain weapons. Sections 44, 46, 54 and 55 of the Act amend various pieces of legislation with the effect that it becomes an offence to possess certain dangerous knives, offensive weapons, firearms and ancillary equipment which it was previously lawful to keep (including certain… Continue reading Knives – Cash for Surrender

Sentencing – Beware the Cliff Edge

Ellis Thomas pleaded guilty to a relatively minor public order offence and was sentenced to a community penalty. This penalty becomes the subject of Court of Appeal proceedings due to the following set of facts: “It was imposed on the appellant in the Crown Court not long after his 18th birthday for an offence committed… Continue reading Sentencing – Beware the Cliff Edge

‘Lurking Doubt’ as a Ground of Appeal

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

Young Offenders – A Change to Prison Discipline Rules

Changes to the prison adjudication rules came in to force on 15 May 2020 and will remain in place until 25 March 2022, unless revoked earlier. The changes are in response to the Coronavirus pandemic.   What has changed? The rules cater for the situation where a disciplinary charge has been referred to an Independent… Continue reading Young Offenders – A Change to Prison Discipline Rules

Police Investigations – Are They Now Secret?

It is quite common to read in a newspaper that someone has been arrested. Local papers will cover almost any story of interest, and national media if the case involves a high-profile person. For the person being investigated, such publicity can be devastating, as many people will conclude that there is ‘no smoke without fire’. The… Continue reading Police Investigations – Are They Now Secret?

Counter-Terrorism and Sentencing Bill

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

Increase in Sentences for Aggravation Related to Disability, Sexual Orientation or Transgender Identity

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