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Judge as Referee

It is often said that the function of a Judge during a jury trial, is to act as referee as between prosecution and defence. Whilst a Judge is not entirely side-lined the expectation is that no bias will be displayed against any one party. When a Judge steps over the line and judicial intervention strays… Continue reading Judge as Referee

Sexual Assault and Intent

In a recent case, a defendant was acquitted of sexual assault, the Attorney General referred the case to Court to look at a point of law. The question asked was: “Is it necessary for the prosecution to prove, as an element of the offence of sexual assault, not only that the offender intentionally touched another… Continue reading Sexual Assault and Intent

Release Under Investigation

The Policing and Crime Act 2017 introduced the power for police to release suspects while under investigation rather than placing them on police bail. Before the Act, a suspect would be released on police bail, with or without conditions, with a date and time to report back to the police station if further investigation was… Continue reading Release Under Investigation

Autism And Crime

Autism spectrum disorder (ASD) refers to a broad range of conditions which are characterised by challenges with social skills, repetitive behaviours, speech and non-verbal communications.  Autism is generally a hidden disability, and it may not be immediately apparent that a person has it, and they may be undiagnosed. A person with autism may become involved… Continue reading Autism And Crime

Intentionally Assisting Offences

There is a criminal offence of intentionally assisting offences believing one or more will be committed.  Jordan Atkinson was charged with this offence and sentenced to eight years’ imprisonment. The offence he assisted was wounding with intent to cause grievous bodily harm. Several co-accused were convicted of murder, wounding and assisting an offender. Atkinson appealed… Continue reading Intentionally Assisting Offences

Confiscation Orders, Local Authorities and Houses of Multiple Occupancy

Most people have heard of confiscation orders, usually in the context of drugs offences. After sentence, proceeds of crime hearings can be held, resulting in a confiscation order being made to recover the proceeds of the crime. What some may not be aware of is that it is not just the Crown Prosecution Service who… Continue reading Confiscation Orders, Local Authorities and Houses of Multiple Occupancy

Modern Slavery

There is a defence under section 45 of the Modern Slavery Act 2015 for a person who is compelled to do an act, where that compulsion is as a result of slavery or exploitation, and a reasonable person in the same position with the same characteristics would have no realistic alternative. In a recent case,… Continue reading Modern Slavery