News & Advice

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

The death of PC Harper has been in the news again recently. He died after he was dragged behind a car that was fleeing from the scene of a theft.  Unusually, at the same time that the Attorney General applied for leave to refer all three sentences as being unduly lenient, the three accused applied… Continue reading Manslaughter and the ‘PC Harper Case’

Eight new guidelines have been published for Firearms offences following an earlier consultation. The guidelines will come into force on 1 January 2021.   What are the new sentencing guidelines? These are guidelines that must be followed by sentencers. The guidelines must be followed unless the Judge or Magistrates’ consider it is not in the… Continue reading Firearms – New Sentencing Guidelines

Whenever a person is remanded in custody in criminal proceedings, a time limit is set within which the trial must be concluded. The Covid lockdown meant that trials were temporarily suspended leading to issues with custody time limits; if a trial cannot take place within the specified timeframe an application can be made for the… Continue reading Custody Time Limits & COVID-19

A firearms consultation has been launched this week to seek views on enhanced security for powerful rifles, introducing licensing controls on miniature rifle ranges, and tougher controls on ammunition.    Why is a consultation taking place? There have already been changes to firearms legislation in recent years such as new offences to prevent the conversion… Continue reading Firearms

If the Attorney General believes that a sentence is “unduly lenient”, or too soft as the newspapers may say, she can ask for the case to be referred back to court to be reconsidered. This is what happened to Taha Amin. He pleaded guilty to several robberies and thefts and was sentenced to 23 months’ imprisonment,… Continue reading Reviewing A Sentence

It is often the case that a defendant does not dispute that a crime has been committed but denies any participation. In such cases, it will be not only essential to challenge any evidence that points to the defendant as being guilty but also look for evidence that may point the finger elsewhere. It might be… Continue reading It Wasn’t Me!

In the usual run of events, a witness will give their evidence, be subject to cross-examination, and in some cases re-examination. But, things do not always go to plan, and the Court of Appeal has had to deal with several such cases. In Stretton and McCallion (1988) 86 Cr. App. R. 7, CA a witness (‘Vera’)… Continue reading Witness Evidence – Unfinished Business

A new lockdown is in force across England from midnight on 5th November 2020 for 28 days. The new laws are intended to dampen down the spread of Covid19 and ensure that the National Health Service is not overwhelmed due to demand breaching its operational capacity.   What can I still do? You can leave… Continue reading Lockdown 2

In a recent case, an appellant (referred to only as “V”) pleaded guilty to producing cannabis and was sentenced to 26 months’ detention. He appealed against his conviction. The first issue you may think of is that he pleaded guilty, so how could he appeal against conviction? V put forward several arguments; he said his decision… Continue reading Human Trafficking as a Defence