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Coronavirus and Custody Time Limits – Some Good News

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 – When They Misbehave

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

A Summer of Protest?

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?

Road Traffic Offences During Lockdown

Speeding is one of the most common road traffic offences committed on UK roads, and it can have fatal consequences. Nobody is ever in that much of a rush to justify breaking the set national speed limits and put their, and other lives, in danger; it’s really not worth the consequences.   Driving at speed… Continue reading Road Traffic Offences During Lockdown

Publishing Hate Material: Tough Sentences Can Follow

The recent case of Jay Davison acts as a stark reminder of the consequences that can flow if hate material is published. Davison was convicted of three offences of publishing material with intent to stir up racial hatred, for which he was subsequently sentenced to a period of four years’ imprisonment to run concurrently on each… Continue reading Publishing Hate Material: Tough Sentences Can Follow

Appeals

There are several types of criminal appeals.   Appeals against conviction or sentence Cases start in the Magistrates Court. If you want to appeal against a conviction or sentence in that Court, you can appeal to the Crown Court. If you are dealt with in the Crown Court and want to appeal against a conviction or… Continue reading Appeals

Jury Trials and Covid-19

In a startling announcement, Justice Secretary Robert Buckland admitted that the right to a jury trial is in his sights and might be curtailed in a few weeks time. Before the Coronavirus pandemic, the Crown Court case backlog was approximately 39,000 cases. Since lockdown, that number has grown considerably as only a trickle of cases have… Continue reading Jury Trials and Covid-19

Terminating Rulings

When a judge makes a ruling at a crown court trial relating to one or more of the offences faced, the prosecution may have a right to appeal against that ruling. The right to appeal against a terminating ruling is strictly conditional upon certain procedures being followed.  The right to appeal requires the prosecution to… Continue reading Terminating Rulings

What Are the Different Types of Criminal Defence?

Defences are conditions that tend to negate elements of a crime, particularly the ‘intent’. In many jurisdictions, when proving a crime during prosecution, the lawyers must also prove that none of these defences were present when the crime was committed. If present, these criminal defences could provide partial or total refuge from punishment.   What… Continue reading What Are the Different Types of Criminal Defence?

The Far Right & Terrorism

When people hear reference to the far-right many would think of racism rather than terrorism. Alice Cutter and Mark Jones were members of the banned far-right group National Action along with Garry Jack, Daniel Ward and Connor Scothern. The members were the subject of a counter-terrorism investigation, and when Ward was told he was being… Continue reading The Far Right & Terrorism