Criminal Law
24.06.24
How can delays in the criminal justice system affect a defendant’s sentence?
It is widely accepted by practitioners that the criminal justice system remains in disarray following the Covid 19 pandemic, with huge delays particularly in the Crown Court. Many defendants face months, if not years, on bail awaiting trial. In addition, it is known that the police can take many months to investigate criminal offences and…
Read more6.06.24
Court of Appeal holds that trial delay due to non-availability of prosecutor does not amount to an abuse of process
The recent case of Ng & O’Reilly [2024] EWCA Crim 493 highlights the sorry state of the criminal justice system, particularly the backlog in the Crown Courts and the retention problem the Criminal Bar is having. In a recent National Audit Office report, it was highlighted that there were 67,573 cases outstanding in the Crown…
Read more6.05.24
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…
Read more2.05.24
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…
Read more22.04.24
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…
Read more5.03.24
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))….
Read more29.02.24
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…
Read more21.02.24
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…
Read more5.01.24
12 points on my licence: what happens next?
Many drivers, particularly those who travel large mileages every year, rack up penalty points on their licence through committing motoring offences. As the number of penalty points increase on a driver’s licence, this leads to increased insurance premiums but also a heightened risk of being disqualified from driving if there are unfortunate enough to accumulate…
Read more1.12.23
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 by a train. An inquest jury last year found that neglect by the hospital had contributed to Mr Caseby’s…
Read moreLegal Disclaimer
Articles are intended as an introduction to the topic and do not constitute legal advice.
