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Circumstantial Evidence

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

Criminal Law in 2020 – What Can We Expect?

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?

Criminal Justice and Coronavirus

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

Interpreters

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

Trial Delays

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

Notification Requirements – Removal

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

Emergency Laws Now in Force

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

Date Rape Drugs and The Law

Reynhard Sinaga was sentenced to life imprisonment for the rape and sexual assault of 48 victims. The student is believed to have laced drinks with GHB to make his victims lose consciousness and have no recollection of what happened. He denied the offences saying that the acts were all consensual and the men would “act”… Continue reading Date Rape Drugs and The Law

Coronavirus and Child Arrangements

The world feels like a very difficult and surreal place to be in right now. With all the changes that are happening across the world, and indeed within this country in the last two weeks, there is some guidance available on how to keep things normal and regular from your family.    The UK government… Continue reading Coronavirus and Child Arrangements

Helen’s Law

In 1998 a 22-year-old insurance clerk called Helen McCourt was murdered and Ian Simms was convicted of that murder. The Parole Board recently directed Simms’s release saying that they were satisfied that imprisonment was no longer required for the protection of the public. Helen’s family are objecting to the release as Simms has never revealed… Continue reading Helen’s Law