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Losing Your Home For A Crime You Did Not Commit

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

Court Clarifies Release Provisions

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

Damage of Statues – Sentencing Implications

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

When Will I Be Sentenced?

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?

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