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Month: March 2021


26.03.21

Prison populations, sentence inflation and the future of punishment

In this blog Dylan O’Connor considers why the prison population is so high and whether this is likely to change    In recent decades, England and Wales has seen a colossal leap in the number of those incarcerated, with the prison population almost doubling in size from 44,246 in 1993 to a peak of 85,134…

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Non-molestation and Occupation Orders

The upcoming third (and final) House of Lords reading of the newly enhanced Domestic Abuse Bill, and the public reaction to Sarah Everard’s tragic death, have led domestic abuse (and violence against women in particular) to come under renewed scrutiny. Since the Covid-19 lockdowns began, calls to helplines for both male and female victims of…

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Sexual orientation and cross-examination in sexual offence cases

The scope of cross-examination of the alleged victims of rape and sexual assault is an important and contentious issue.  The evidence for such allegations is often based only on the testimony of the complainant and hence their credibility is often the primary issue in the case. Defence advocates wishing to explore this issue have to…

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23.03.21

Insider-dealing and intrigue: Court of Appeal rules on scope of disclosure

The appeal of R v Abdel-Malik and Choucair [2020] EWCA 1730 was a case that had everything: glamour and intrigue, insider dealing, exotic nightlife at Tramp, burner phones, city traders, undercover surveillance, public interest immunity, post-conviction disclosure by the prosecution, secret identities revealed by the Wall Street Journal and ‘fresh evidence’ applications by both the…

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17.03.21

Relocation and child contact arrangements during the pandemic: what should be considered?

Over the last year, as we have gone in and out of lockdown, many of us have taken the opportunity to consider possible changes to our lives when the world returns to a sense of normality.  One major change that has been considered by many is relocation, often where individuals or families are looking for…

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1.03.21

Rattan v Kuwad – Common sense in MPS decisions

In the recently reported case of Rattan v Kuwad [2021] EWCA Civ 1, the Court of Appeal considered the approach to be taken to awards in MPS applications. Here, we consider the basics of MPS applications – what they are, who they’re for, and how we can help – in the light of this new…

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Articles are intended as an introduction to the topic and do not constitute legal advice.

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