Category: Latest News

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’

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

If you ask most people how many people are selected to sit on a jury hearing a criminal case, the answer from most if not all will be 12. It can, therefore, come as something of a surprise to people facing trial at a crown court (and sometimes lawyers not well versed in crown court… Continue reading Jury Trial – Is 14 too many?

The Forensic Science Regulator regulates forensic scientists in England and Wales. The Regulator ensures that the provision of forensic science evidence across the criminal justice system is subject to appropriate standards. The Regulator has recently said that there are gaps in quality that need to be resolved. In its annual report, it was said that… Continue reading Forensic Evidence

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?

There have been widespread reports in the press about spare courtroom capacity, with judicial sitting days at an all-time low. These reports correspond to our own experience. When court delay is combined with significant delays in investigating and charging defendants to court, this can mean a very long period between the commission of any crime… Continue reading Sentencing and Delay – Can it Work in Your Favour?

Her Majesty’s Crown Prosecution Service Inspectorate has published a new report in relation to the investigation and prosecution of rape cases. The significant findings are: • Since 2016, the number of cases prosecuted by the CPS has fallen by 52%. This is despite the fact that there has been a 43% rise in the number… Continue reading Investigating and Prosecuting Rape Cases

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