News & Advice

The Criminal Cases Review Commission began its work on 31 March 1997. It was created by the Criminal Appeal Act 1995, 25 years ago. It came into being after some appalling miscarriages of justice under the previous system of consideration by Home Office ministers. That system was clearly not working in the interests of justice… Continue reading Criminal Cases Review Commission – Improvement Needed?

More prosecution casework is carried out locally by prosecutors based in regional hubs. For some cases, the position is entirely different, and a specialised team of prosecutors takes over.    Specialist Casework – Criteria The Crown Prosecution Service produces national guidance that specifies the criteria for casework that must be referred to Complex Casework Units (CCUs).… Continue reading ‘Complex Casework’ – Inside The Crown Prosecution Service

Police forces must explain the disproportionate use of police powers such as stop and search and use of force on Black, Asian and Minority Ethnic people or risk losing the trust of the communities they serve, a report published today has found. The Police Service Inspectorate (HMICFRS) aid that despite having more data on the… Continue reading Police Stop & Search – Time to Rethink?

On 1 April 2020, The Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order 2020 came into force. This statutory instrument’s effect was to alter the early release provisions for some offenders receiving relatively determinate lengthy custodial sentences. By way of example, an offender who received a sentence of 12 years imprisonment would be released… Continue reading Court of Appeal Refuses to Correct Early Release Injustice

In the case of Mahmood [2019] EWCA Crim 1532, the court dealt with the relevance of cash when determining which sentencing category an offence fell into. A large quantity of drugs was seized from Mahmood’s premises along with around £30,000 in cash. The Judge found that the offending fell into Category 2 harm, not Category… Continue reading Drugs & Sentencing – Is Cash Relevant?

A number of the definitive guidelines published by the Sentencing Council direct sentencers to consider whether the victim of an offence has suffered severe psychological harm.  In some guidelines, that question has to be considered at step 1 of the sentencing process: a finding of severe psychological harm places the case into a higher category… Continue reading Sentencing And The Issue of ‘Psychological Harm’

Currently, all parole hearings are held in private – this is set out in legislation in the Parole Board Rules. Following a consultation exercise, the government has now committed to opening up the hearings and allowing public access. Legislative change is expected in the next few months. The government has stated that: ‘…we are persuaded… Continue reading Parole Board Hearings – Public Scrutiny

The British Broadcasting Corporation (‘BBC’) found itself in the embarrassing position of being fined £28,000 this week after admitting being in contempt of Court.   Why was the BBC in trouble? On the morning of 17 November 2020, the BBC made a video and audio recording of half a day’s hearing in the Planning Court… Continue reading BBC in the Dock

Ano-genital findings, namely signs of injury or other non-natural interference, often form part of child abuse prosecutions. In recent years new research has cast doubt on some old beliefs, and it may be the case that some convictions are unsafe. The most recent authoritative guidance is that provided by the Royal College of Paediatrics and… Continue reading Interpretation of Ano-Genital Findings

New sentencing guidelines for some drugs offences will come in to force on 1 April 2021 and will apply to all cases sentenced on or after that date. The update is to reflect modern drug offending and new guidelines for offences created by the Psychoactive Substances Act 2016 to bring clarity and transparency around the… Continue reading Sentencing for Drugs Offences