Category: Latest News

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

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

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

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?

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

The capacity of digital devices to store vast amounts of information presents issues for law enforcement and prosecutors. Over the last few years we have seen many instances of non-disclosure of key evidence, and at the same time victim advocates have complained that police investigations are overly intrusive and act as a deterrent to people… Continue reading Digital Evidence & Disclosure – New Challenges for the Defence

For some new drivers, six penalty points mean resitting a driving test, for other drivers twelve points may mean disqualification. Therefore, it is vital to ensure that a single piece of driving is not unduly punished when it comes to the imposition of penalty points. To explain the issues that can arise, we will use… Continue reading Penalty Points – Avoiding Double Counting

In a recent case, the Court of Appeal dealt with an appeal by the Attorney General against a sentence of 30 months imprisonment imposed following a guilty plea to various firearms offences.   The basis of plea, accepted in full by the prosecution read: “[that] he converted weapons as a hobby, the weapons were not… Continue reading Firearms: Court of Appeal Maintains Tough Sentencing Approach

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

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?