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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

Digital Evidence & Disclosure – New Challenges for the Defence

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

Penalty Points – Avoiding Double Counting

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

“Blackmail” – “…attempted murder of the soul.”

A new series on Netflix, ‘The Stranger’, is receiving rave reviews, with viewers keen to discover the secret being kept from lawyer Adam Price, as the search continues for his missing wife. There are many sub-plots along the way, including the blackmail of several individuals keen to suppress unsavoury stories making their way into the… Continue reading “Blackmail” – “…attempted murder of the soul.”

Prosecuting Without A ‘Victim’

We often get asked how prosecutions can proceed in the absence of cooperation from the victim or chief witness. The starting point is that no prosecution can go ahead unless there is a realistic prospect of conviction, but how the prosecution case is formulated remains a matter for the Crown Prosecution to decide. These are… Continue reading Prosecuting Without A ‘Victim’

Tougher Approach to Assaults on NHS Staff

Matt Hancock, Secretary of State for Health and Social Care, has written to NHS staff voicing his concern in relation to the use of violence against emergency workers. Hancock’s approach mirrors that taken last year by police chiefs worried about the rise in violence used towards police officers. Last year’s NHS Staff Survey revealed that… Continue reading Tougher Approach to Assaults on NHS Staff