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Category: Latest News

New Domestic Abuse Protections Announced

In a major announcement, the government has signalled a busy year ahead with legislative changes affecting the criminal law. Following on from the recent announcement about the sentencing of domestic abuse offences, the government has announced further reforms. There will be a new definition of domestic abuse making clear that it applies to all relationships… Continue reading New Domestic Abuse Protections Announced

Searching For Answers

In Entick v Carrington (1765), a case concerning the entry to and searching of premises, the court ruled: “…if this is law it would be found in our books, but no such law ever existed in this country; our law holds the property of every man so sacred, that no man can set his foot… Continue reading Searching For Answers

Throwing Articles into Prisons

It can be a temptation to family members, and to others perhaps for financial gain, to seek to convey articles into prisons. The chance of being detected is high and possibly for that reason many who might otherwise be tempted to do so, resist. Section 40CB of the Prison Act 1952 makes it an offence… Continue reading Throwing Articles into Prisons

The Disclosure and Barring Service

The DBS is a government organisation responsible for the reporting of convictions and other information to employers and other relevant organisations. What Data is Held? The DBS holds three classes of information: Class 1: spent and unspent convictions, cautions, reprimands and final warnings Class 2: class 1 information plus police intelligence information (for example the… Continue reading The Disclosure and Barring Service

Tougher Sentences for Persons Convicted of Terrorism Offences

The Sentencing Council has today published new guidelines that courts must have regard to when sentencing for a range of terrorism offences. Who Will Be Affected by the New Guidelines? The guidelines apply to all offenders over the age of 18 and cover the following offences: • Section 5 (Preparation of Terrorist Acts) Terrorism Act… Continue reading Tougher Sentences for Persons Convicted of Terrorism Offences

A Matter of Character

In criminal law, we talk a lot about character, but mainly in the context of ‘bad character’, or previous convictions that the prosecution will try to put before a jury to persuade them of the defendant’s guilt. After all, if he’s done it before, he is more likely to have committed this crime too, is… Continue reading A Matter of Character

The “Right to be Forgotten”

Redemption has always been an important part of our justice system; you do the crime, you do time. Once your debt is paid, you should then be free to start again, without forever being haunted by ghosts of the past. We all recognise that there must be limits to this principle, so if convicted of… Continue reading The “Right to be Forgotten”

Released, But Not Free

  For many offenders, a prison sentence is a grim reality, a punishment that must be served, often impacting not only on a single individual but in many cases their family. So, when the day of release comes, it is a significant moment. The door on is punishment closed and the time comes to draw… Continue reading Released, But Not Free

Unexplained Wealth Orders

On 31st January 2018, regulations bring into force sections of The Criminal Finances Act 2017 dealing with unexplained wealth orders (UWOs), along with various other related provisions. The purpose of this new order is to allow for certain people who obtain property which would ordinarily be beyond their obvious means, to be required to prove… Continue reading Unexplained Wealth Orders

Can My Sentence Be Increased?

The sentencing process is the beginning of the end for many defendants; they can receive and accept their punishment and prepare to move on with their lives. But for some, the anguish is not over as an appeal may be looming. Who Can Appeal? The Attorney General (and Solicitor General) have the power to apply… Continue reading Can My Sentence Be Increased?