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Brett Wilson Criminal and Regulatory Law Blog

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6.05.24

Shoplifting at an all-time high: is a new offence of ‘assaulting a retail worker’ the answer?

Last week, the ONS published a report Crime in England and Wales: year ending December 2023 which revealed that the offences of theft from a shop are at the highest level in the last twenty years. The British Retail Consortium recently reported on the increasing number of incidents of violence and abuse against shop workers and…

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2.05.24

Drink driving: different types of offences with very different consequences

The principal offences that defendants are charged with in connection with motoring and alcohol are: Driving with Excess alcohol – contrary to section 5(1)(a) of the Road Traffic Act 1988 Driving Whilst Unfit – contrary to section 4(1) of the Road Traffic Act 1988 Drunk in Charge – contrary to section 5(1)(b) of the Road…

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29.04.24

London Legal Walk

Brett Wilson LLP‘s staff are taking part in the 20th London London Legal Walk on 18 June 2024 to raise money for the London Legal Support Trust (Londonlegal) in aid of free legal advice agencies. To support us, please visit our fundraising page here.

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22.04.24

I’ve been offered a Community Resolution: what should I do?

If you’ve been interviewed by the police for a relatively minor offence, following the interview, the police may offer you a Community Resolution as a way of resolving the matter. It is important to understand the full implications of a Community Resolution before accepting it, as it could affect you in the future. What is…

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13.03.24

High Court provides guidance on when an appeal should be remitted for a further hearing in fitness to practise cases

In the recent case of Hawkins v HCPC [2023] EWHC 3256 (Admin), the High Court considered the basis upon which a case should be remitted for a re-hearing following a successful appeal. This has provided useful guidance where there was a previous lack of such guidance. The initial hearing The Appellant, a physiotherapist, faced allegations…

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5.03.24

Can I get my police records deleted?

What are the powers of the police to take and retain samples? The police are able to take fingerprints, DNA and photographs of any person without their consent who is detained at a police station, having been arrested for, or charged with a ‘recordable offence’ (sections 61-63 of the Police and Criminal Evidence 1984 (PACE))….

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29.02.24

The Online Safety Act 2023: nine new criminal offences come into force

In an increasingly digital world, where our lives are intertwined with online platforms and social media networks, ensuring safety and security in the virtual realm has become paramount. Governments worldwide are continuously refining legislation to address the challenges posed by the digital landscape. One such significant step is the enactment of the Online Safety Act…

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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…

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21.02.24

Will giving information to the police reduce my sentence?

In R v Adam Royle, AJC & BCQ [2023] EWCA 1311, the Court of Appeal was required to consider conjoined appeals against sentences imposed after each Appellant had given assistance to the police. A judge considering sentencing a defendant who has provided information to the police has always had a discretion to reduce that sentence…

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17.01.24

Court of Appeal upholds suspension for covid conspiracy doctor

The recent case of Adil v General Medical Council [2023] EWCA Civ 1261 considered a doctor’s right to freedom of expression under Article 10 of the European Convention on Human Rights (“ECHR”). Article 10 of the ECHR states: Freedom of expression Everyone has the right to freedom of expression. This right shall include freedom to…

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Legal Disclaimer

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