Criminal Law

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….

19.12.24

Review of Criminal Courts

Last week, the Lord Chancellor announced a review of criminal courts to be led by Sir Brian Leveson. This is following new statistics showing that the crown court backlog has reached a record high; the Ministry of Justice figures showed that the number of criminal cases waiting to be dealt with by crown courts in…

16.12.24

Law on voyeurism clarified

In the recent case of R v Norkus [2024] EWCA Crim 1169, the Court of Appeal clarified what could and could not constitute a criminal offence in respect of voyeurism. The facts The complainant worked at a post office and shop which the Appellant managed. The Appellant had asked the complainant for her mobile phone…

Frozen bank accounts and the Home Office

In recent times, there appears to have been an increasing interest shown by the Home Office in the financial background of foreign nationals are accused of staying in the UK beyond the expiry of their visa, or working when the terms of their visa prohibit this. The Criminal Offence The Immigration Act 1971 provides that…

Evidence from the grave – is it admissible in a criminal trial?

In BOB and Ors v R [2024] EWCA 1494, the Court of Appeal was required to consider an appeal by the prosecution against a terminating ruling. That ruling was made a by a trial judge who ruled that two witness statements from witnesses who had died were inadmissible as hearsay evidence. Hearsay evidence is any…

22.08.24

Train fare evasion and the Single Justice Procedure

In our blog Receiving a Single Justice Procedure Notice: why a ticket to speedy justice can have long-lasting consequences, we detailed the many criticisms of the Single Justice Procedure and requests to the government for the system to be reviewed. The judgment handed down by the Chief Magistrate on 15 August 2024 in Northern Trains…

3.08.24

‘Making’ Indecent Images: the law

The spotlight has been cast on the law on indecent images, following Huw Edwards being charged and pleading guilty to making indecent images of children this week. However, ‘making’ indecent images has a wide meaning in the law, and does not just cover the ordinary meaning of the word. The offence Under section 1(1)(a) Protection…