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Driving Offences – New Sentencing Guidelines

The Sentencing Council has published 12 new and revised sentencing guidelines for offenders convicted of motoring offences in England and Wales. The new and revised guidelines, which apply to adults only, will come into effect on 1 July 2023. The changes include updated versions of six current guidelines that were published in 2008 and reflect… Continue reading Driving Offences – New Sentencing Guidelines

Court of Appeal Issues Further Guidance on Sentencing of Young People

The Sentencing of young persons is one of the most complex judicial exercises, which must recognise the substantial differences between child and adult offending, particularly where an offender before the court has just reached majority age.  Research has repeatedly emphasised the pace of developmental milestones and often suggests that full maturity may only be reached… Continue reading Court of Appeal Issues Further Guidance on Sentencing of Young People

Obituary – Quentin Robbins

Policing – A Crisis of Confidence?

Many newspapers this week ran a headline in these or similar terms:  ‘Trust in police hanging by a thread, inspectorate says.’ The impetus for this kind of comment was a damning report published by the Chief Inspector of Constabulary, Andy Cooke.        In the State of Policing 2022, HM Chief Inspector of Constabulary… Continue reading Policing – A Crisis of Confidence?

Prison Overcrowding – A Get Out of Jail Free Card?

On 3 March 2023, the Court of Appeal handed down a judgment in the case of Arie Ali. The case proved to be of some interest due to this remark made by Lord Justice Edis: ‘On 24 February 2023, the Deputy Prime Minister wrote to the Lord Chief Justice saying:- “You will appreciate that operating… Continue reading Prison Overcrowding – A Get Out of Jail Free Card?

Police Powers & The Common Law

When considering police powers, particularly concerning search and seizure of property, we think first of powers derived from statute, which leads us to the Police and Criminal Evidence Act 1984. On occasion, however, statute does not provide police with effective powers, and the question arises as to whether their actions will be lawful if they… Continue reading Police Powers & The Common Law

Trial of Sexual Offences

The Law Commission is tasked with keeping the law under review and this week presented a consultation paper discussing significant reforms to the trial of sexual offences, including rape.   Why Was the Review Carried Out?   In its End-to-End Rape Review, the Government looked at the decline in conviction rates since 2016 – one… Continue reading Trial of Sexual Offences

Rural Crime – Agricultural Thefts

The government is backing new proposals to deter and punish rural crimes.  The Equipment Theft (Prevention) Bill is a private members bill which has government support. It was introduced to Parliament by Greg Smith MP on 16 June 2022 and is sponsored by Lord Blencathra in the House of Lords, where it was introduced on… Continue reading Rural Crime – Agricultural Thefts

“Encouraging Serious Self-Harm” to Become a Criminal Offence

Ipsos polling shows that more than 2 in 3 (67 %) of UK adults are worried about seeing content promoting or advocating self-harm while online. In 2021 the Law Commission recommended that individuals responsible for encouraging or assisting serious self-harm should be better held to account by criminal law. It is argued that once the… Continue reading “Encouraging Serious Self-Harm” to Become a Criminal Offence

New Public Order Laws

Current legislation to manage protests provides predominantly for powers to counter behaviours at protests which are violent or distressing to the public. These powers include those under the Public Order Act 1986 (the “1986 Act”) which provides the police with powers to manage public processions and assemblies, including protests.  Sections 12 and 14 of the… Continue reading New Public Order Laws