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26.02.24
Receiving a Single Justice Procedure Notice: why a ticket to speedy justice can have long-lasting consequences
The Single Justice Procedure was introduced by the Criminal Justice and Courts Act 2015 and since the Covid 19 pandemic has seen a considerable rise in its use, as the world becomes more accustomed to doing business remotely rather than face to face. However, in recent months, the procedure has come under increasing scrutiny by…
Read more6.09.23
I have been accused of a crime: will it be made public?
If you have been accused of a crime, whether this information will become public is likely to depend on whether you have been charged or not. Pre-charge: police investigation The recent case of Bloomberg LP v ZXC [2022] UKSC 5 makes it clear that generally there is an expectation that during the police investigation, someone…
Read more16.05.22
Effective justice? Magistrates’ sentencing powers double to 12 months to help clear Crown Court backlog
This month Magistrates have been granted new powers to impose terms of imprisonment up to 12 months, for ‘either-way offences’, enabling Magistrates’ Courts to hear a broader range of matters. The extended sentencing powers are contained in the controversial Judicial Review and Courts Act 2022, which was given Royal Assent on 28 April 2022. The…
Read more17.05.21
Beware of the discontinuance; sleeping dogs can bite
The Crown Prosecution Service (CPS)’s guidance about when it is appropriate to reinstate discontinued criminal proceedings should be ringing alarm bells about how, and why, the charges were dropped in the first place. In Spring 2021, the CPS published new Guidance on “Reconsidering A Prosecution Decision”. It is a helpful document which all defence practitioners…
Read more9.10.19
Discontinuance: A Prosecutor’s Get Out of Jail card?
Recent experience in London has shown that Crown Prosecutors are using discontinuance as a method of obtaining more time to prepare for trial. In practical terms, there are two ways the Prosecution can drop a charge which has run into difficulty pre-trial. Offering no evidence Firstly, the Prosecution can ‘offer no evidence’ in court. This…
Read more13.02.18
Streamlined sentencing code proposed
In July 2017, the Law Commission published a draft Sentencing Code for public consultation. The consultation period ended on 26 January 2018 and the findings are currently awaited. The main criticisms, and in turn the driving factors for the new Code, are that the current laws lack ‘coherence and clarity’. The Law Commission state that…
Read more19.01.18
Claims farmer fined for blagging personalised number plate information from DVLA
Miles Savory, the director of Accident Claims Handlers Ltd, has been convicted of breaching the Data Protection Act 1998 following a prosecution brought by the Information Commissioner’s Office (‘ICO’) for unlawfully obtaining the name and address of the owner of personalised number plates that he was seeking to purchase. Mr Savory completed and sent official…
Read more23.02.16
CPS fails to review files before court hearings in nearly 40% of cases
HM Crown Prosecution Service Inspectorate has reported its initial findings on its review of the Magistrates’ Court system Transforming Summary Justice. The purpose of the review is to measure what steps have been taken by the prosecuting agency to cut delays, reduce the number of court hearings per case and to ensure that all cases…
Read more24.06.15
Trading Standards confiscation order quashed
The case of Regina v Eric John Moss [2015] EWCA 713 concerned a trading standards prosecution which gave rise to a confiscation order in the sum of £83,000. The Court of Appeal gave judgment in an appeal against the making of that Order and it was ultimately successful. The Appellant was an elderly cattle farmer…
Read more20.05.14
Wasted Costs and the CPS
It is interesting to read two recent decisions on wasted costs applications by the defence against the CPS particularly in the newish world where privately paying defendants are unable to recoup the costs of a successful defence. In Geoffrey Counsell, Bristol Crown Court, 13 March 2014, Mr Justice Simon ruled on an application brought by the defendant’s…
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Articles are intended as an introduction to the topic and do not constitute legal advice.
