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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 cut-throat defence is where one defendant gives evidence that is damaging to a co-defendant’s case, sometimes going as far as directly accusing the other person of the crime, while typically seeking to exonerate themselves. Such evidence may be given directly by a defendant (or more than one in some cases) as a positive aspect… Continue reading The Cut-Throat Defence

It is a common feature of American courtroom drama that a defence attorney moves to remove a juror that they do not like the look of. Many clients wonder whether the same type of challenge can take place in an English courtroom. The Jury Pool In some circumstances there can be a challenge to the… Continue reading Jury Challenge

The prosecution, via the Attorney General, has the right to ask the Court of Appeal to consider whether sentences for certain offences are unduly lenient. How does the scheme work? Anyone can ask the Attorney General to consider whether a sentence is unduly lenient. If the Attorney agrees an appeal will be lodged within 28… Continue reading More Sentences at Risk of Prosecution Appeal

In some instances, it is not convenient for a witness to be present in court to give evidence, generally because they live or work some distance away from the court, or some other good reason. There are legal provisions that cater for this scenario, and while the prosecution widely uses them (notably for police officers),… Continue reading The Absent Witness

Legal aid is there to help individuals meet the cost of seeking professional advice, family mediation and representation in court or a tribunal. There are various cases and circumstances surrounding the eligibility for legal aid, and in our latest post, we discuss this topic in further detail. In order to qualify for legal aid, you… Continue reading Can I Get Legal Aid?