Criminal Law

1.12.23

The Priory Group charged with criminal offences over death of patient

The Priory Group has been charged by the Care Quality Commission (‘CQC’) with two criminal offences after the death of inpatient, Matthew Caseby, who absconded from one of their mental health hospitals and was later hit bit a train. An inquest jury last year found that neglect by the hospital had contributed to Mr Caseby’s…

24.10.23

Suspended Sentences and prison overpopulation

The Times has recently reported (£) that Lord Edis, the Senior Presiding Judge for England and Wales, provided guidance to judges to delay sentencing defendants who are currently on bail due to prison overcrowding. It is ell-known that prisons in England and Wales are bulging at the seams and have been for quite some time….

19.10.23

Brett Wilson LLP and its lawyers recommended in Chambers and Partners 2024 directory

Brett Wilson LLP’s media and communications law and criminal defence departments have again been recommended by the prestigious Chambers and Partners directory as leading departments in their field. In the firm’s media and communications law department, partners Iain Wilson, Max Campbell and Tom Double continue to be ranked as leading lawyers in Defamation/Reputation Management. Partner…

25.09.23

Escaping from prison: the law

Daniel Khalife has been accused of escaping from HMP Wandsworth by attaching himself to the underside of a food delivery van. He was reported as being at large for approximately 75 hours before being apprehended by a plain clothes police officer in Greenford, approximately 12 miles away. He was originally on remand having been charged…

22.09.23

New legislation to deal with sex-based harassment now in force

On 18 September 2023, a new Act came into force primarily creating a new offence of sex-based harassment. The Protection from Sex-based Harassment in Public Act 2023 amends the Public Order Act 1986 by creating a new offence of intentional harassment, alarm or distress on account of sex. What is the offence? The new offence…

20.09.23

Pitfalls of car insurance policies and obscure criminal offences that can arise

Thinking of lending someone your car?  Think twice, if not three times. In the past, many comprehensive car insurance policies enabled policy holders to drive another owner’s car and be insured fully, or at least have “third party” insurance cover. Aside from the financial risks of taking to the road and being involved in an…

13.09.23

Abuse of process: does a defendant have a right of appeal?

Staying a case as an abuse of the court’s process is an inherent power of the criminal courts to stop a prosecution either where it is impossible to hold a fair trial or in circumstances where it is necessary to protect the integrity of the criminal justice system. The basis for making such an application…

6.09.23

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…

23.08.23

The tragic case of Andrew Malkinson

It is beyond contention that in the early hours of the morning on 9 July 2003 a young woman ‘C’ was brutally attacked and raped during which she sustained serious injury including the severance of her nipple. She gave a description of her attacker whom she said she had scratched down the face with her…

The difficulty with forcing defendants to attend their sentencing hearings

Last week, Lucy Letby was found guilty of murdering seven babies and attempting to murder six others. She refused to attend Court on Monday for her sentence hearing when she received a whole life order. This follows other high-profile cases where defendants have refused to attend their sentence hearings, including Thomas Cashman who shot and…