Category: Latest News

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

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 Harsher Sentences for Disability, Sexuality/Trans Identities

Many professionals are held by their regulators to a higher standard than other members of the public. Conduct which may fall well short of being criminal in nature may nonetheless excite the interest of a regulator, with the potential for censure. In the most recent case of Diggins v Bar Standards Board [2020] EWHC 467… Continue reading Social Media – A Dangerous Place for Professionals?

Circumstantial evidence is widely misunderstood, and many people cannot understand how a case can be advanced without primary evidence of wrongdoing. To illustrate this, we can use two examples relating to burglary. Burglary can be committed in quite a few different ways, but the most common allegation is that a person entered a building as… Continue reading Circumstantial Evidence

In legislative terms, 2019 was a pretty quiet year, with parliament being so heavily occupied with Brexit, there was little time for anything else. 2020 promises to be somewhat different, the government has a substantial parliamentary majority, and being ‘tough on crime’ seems once again to be a popular political topic. The recent Queen’s Speech… Continue reading Criminal Law in 2020 – What Can We Expect?

As the UK prepares to move into the ‘delay phase’, changes are expected to criminal justice procedure. So, what might be expected to change?   Criminal Investigations   In the event of any public disorder, work on low priority criminal investigations may slow or stall entirely as police resources are diverted elsewhere. Most police custody… Continue reading Criminal Justice and Coronavirus

Many people face court proceedings who do not necessarily have a detailed grasp of the English language. A defendant mustn’t be a mere observer of legal proceedings and they must, as fully as anyone not legally qualified can, participate fully. It is therefore vital that a qualified and competent interpreter is engaged to assist in… Continue reading Interpreters

A defendant has the right to a fair trial within a reasonable time. In exceptional cases, a delay will lead to a stay of proceedings as an abuse of process. A stay of proceedings is an extremely rare outcome, with the Court of Appeal making the following observation in R v PS [2013] EWCA Crim… Continue reading Trial Delays

A large number of people are subject to notification requirements under Part 2 of the Sexual Offences Act 2003, many for an indeterminate period. The notification framework is often referred to as the ‘sex offender register’, and around 60,000 people are affected (although not all of those are subject to indeterminate notification). Last week several… Continue reading Notification Requirements – Removal

On Wednesday 25th March 2020, the Coronavirus Bill completed all its parliamentary stages, and Royal Assent was signified, bringing in to force an unprecedented piece of emergency legislation. The purpose of the Coronavirus Act is to enable the Government to respond to an emergency situation and manage the effects of the COVID-19 pandemic.    A severe… Continue reading Emergency Laws Now in Force