Criminal Law

16.04.25

Court of Appeal clarifies the law relating to strangulation and suffocation

In the recent case of R v Jones [2025] EWCA Crim 195, the Court of Appeal looked at the law on strangulation and suffocation and confirmed the position relating to the offence. The law Section 75A of the Serious Crime Act 2015 was inserted into the Act by section 70 of the Domestic Abuse Act…

Non-qualifying curfews and credit against sentences of imprisonment

In the recent case of R -v- Rice [2025] EWCA Crim 352 the Court of Appeal took a fresh look at when a “non-qualifying curfew” could attract a reduction in a custodial sentence. Qualifying Curfews are detailed in sections 325 and 326 of the Sentencing Act 2020.  Essentially, a defendant who has been bailed to…

15.04.25

The unfairness of the section 22 regime

The confiscation regime governed by section 22 of the Proceeds of Crime Act 2002 (POCA) which allows for the prosecution to seek an upward variation of the available amount made at the time of the original Confiscation Order has over the years been applied liberally and sometimes many years after the original proceedings.  A ‘section…

14.03.25

The Law Commission consultation on criminal appeals reform

The Law Commission opened a consultation recently on potential reforms to the system relating to criminal appeals. The Law Commission was asked by the previous Government to review the law relating to criminal appeals following recent criticism of the criminal appeals process. This has involved high-profile miscarriages of justice including the Post Office Horizon scandal…

11.02.25

A bit of banter, or alarming and distressing harassment?

Harassment has always been an offence of fact and degree.  Behaviour that in one context might be a joke between friends, can, in another context, form part of a course of conduct that amounts to harassment. Never has this been more aptly demonstrated than in a recent criminal case, in which Rhiannon Evans, a 25…

10.02.25

‘Reasonable chastisement’ defence – are changes afoot?

The defence of ‘reasonable chastisement’ whereby parents/caregivers may argue that physical punishment of a child was justified is no longer available in Scotland (since 2020) and Wales (since 2022).  Pressure is mounting on the government to abolish the defence in England. In October 2024 the Children’s Commissioner, Rachel de Souza issued a statement calling for…

7.01.25

Why Tommy Robinson is in prison

As Nigel Farage pointed out last week, far-right activist Stephen Yaxley-Lennon, better known to the public as Tommy Robinson, has been in prison several times for several different reasons.  He has a string of convictions for fraud, public order and drug offences, as well as contempt of court.  Whilst Elon Musk might have millions believe…

27.12.24

The importance of scrutinising the wording of charges in motoring offences

As 2024 draws to an end, prosecutors and defence lawyers alike remind themselves of the seminal case Brewer v DPP [2004] EWHC 355 (Admin), where the judgment handed down exactly 20 years ago remains a stark warning as to the importance of scrutinising the wording of charges carefully. In this case, the defendant was charged…

Motoring offences and ‘Special Reasons’: Guilty of an offence, but driving licence left unblemished

For some defendants convicted of driving offences, the law recognises that their driving licences should not be endorsed. For example, if a ‘Special Reason’ is established in a case involving an offence which normally carries an obligatory disqualification, the Court will exercise its discretion not to impose a period of disqualification. Similarly, for offences which…

24.12.24

Andrew and Tristan Tate: Brothers made the subject of Account Forfeiture Orders

In a detailed first instance judgment dated 18 December 2024, District Judge Paul Goldspring made account forfeiture orders in connection with six bank accounts owned or controlled by the brothers Andrew and Tristan Tate. The Tate brothers did not provide any evidence to response to the applications with were made by Devon and Cornwall Police….