Domestic abusers who kill their partners or ex-partners will receive tougher sentences under government plans published this week. The law will be changed so a history of coercive or controlling behaviour against the victim or the use of excessive or gratuitous violence are made aggravating factors in sentencing decisions for murder. It means some defendants… Continue reading Government Plans Murder & Manslaughter Sentencing Reforms
Section 174: Standard of proof On 29th November 2022, section 174 of the Police, Crime, Sentencing and Courts Act 2022 came into force, making a substantial legal change concerning the making of Sexual Harm Prevention Orders. Section 174 amends sections 103A(3) and 122A(6) of the 2003 Act to provide that the court when considering an… Continue reading Sexual Harm Prevention Orders – Recent Changes
In 2016 the Supreme Court held that the joint enterprise laws needed revisiting, holding that previous cases were wrongly decided: ‘The unanimous conclusion of the court is that Chan Wing-Siu and Powell and English did take a wrong turning and these appeals should therefore be allowed.’ At the time, it was felt that this ruling would lead to many… Continue reading Joint Enterprise – Another Wrong Turn?
In a recent case (Spivey [2022] EWCA Crim 997) a Judge was faced with offenders who had just turned 18 years of age. When sentencing, he made the following observation: “I do have in mind the guidelines in relation to sentencing children and young people.” However, he concluded that as one of the appellants was… Continue reading Age and Sentencing
The trial of former footballer Ryan Giggs ended this week without a verdict. The aim of any trial is for a verdict to be reached on all counts, whether guilty or not guilty. Ideally, a jury will be unanimous in its view. In the Giggs trial, it became apparent that a unanimous verdict looked unlikely,… Continue reading Ryan Giggs and the “Hung Jury”
With effect from 27th June 2022, barristers in England & Wales will be taking industrial action in order to protest against what they see as the deteriorating state of the criminal justice system. A form of action, known as “no return” is already in place, but further measures are being taken in order to force… Continue reading Barristers’ Strike Action
The Sentencing Council has this week published revised sentencing guidelines for a number of sexual offences. These new guidelines will apply to those sentenced on or after 31 May 2022, and in one case to those sentenced on or after 1 July 2022. Which offences are covered by these changes? The revisions cover: Arranging… Continue reading Sentencing Guidelines for Sexual Offences
