Skip to main content

Brett Wilson Criminal and Regulatory Law blog

All posts


3.09.18

Failure to properly advise can amount to professional misconduct says Bar Tribunal

Given the cuts to the resources of state prosecutors, the number of private prosecutions are understood to be on the rise. It is therefore increasingly important for practitioners to be mindful of advising clients on the proper test for bringing a private prosecution including any associated risks.  The Bar Tribunal and Adjudication Service’s recent suspension of…

Read more

New procedure for lodging appeals in Court of Appeal (Criminal Division)

As from 1 October 2018 appeals against conviction and/or sentence must be lodged directly with the Criminal Appeal Office and not the Crown Court. The Criminal Procedure Rules Committee has approved a change to Rule 39 CPR and will require a separate Form NG and Grounds for each substantive application. By omitting the need to…

Read more

13.08.18

Grenfell Tower Police interviews under caution – What charges could be brought?

In a statement released on Wednesday 18 July 2018, Scotland Yard confirmed that “the police investigation into the Grenfell Tower fire has moved to a new phase with a planned programme of interviews under caution,” and that further interviews are scheduled to take place in the “coming weeks and months”. To date, there have been…

Read more

8.08.18

Love Island and the perils of online trolling

Love Island has come to an end and it certainly divided opinion.  For some, the ITV2 reality dating show set in a luxurious villa in Mallorca was one of the highlights of this glorious summer and a welcome alternative to what seemed like endless hours of World Cup football.  For many others, it was the…

Read more

7.08.18

Clearing your name: the devil is in the detail

Statistically, most people charged with criminal offences are guilty as charged. In fact, the vast majority either plead ‘guilty’ of their own volition, or are found guilty at trial and are sentenced. Quite apart from the sentencing, there are rules about how long those convictions remain ‘live’ (meaning they must be disclosed to potential employers)….

Read more

28.07.18

The new test for dishonesty: the impact of Ivey v Genting Casinos

Last year’s Supreme Court judgment in Ivey v Genting Casinos [2017] UKSC 67, a civil claim, shocked many criminal law practitioners as it formulated a new test for determining the element of ‘dishonesty’ for use in both civil and criminal Proceedings. Prior to Ivey the case of R v Ghosh [1982] EWCA Crim 2 had been widely recognised by…

Read more

16.07.18

Sentencing Guidelines introduced for ‘revenge porn’ and other intimidatory offences

The Sentencing Council has published definitive guidelines for intimidatory offences covering harassment, stalking, disclosing private sexual images (‘revenge porn’), controlling or coercive behaviour and threats to kill. Until the publication of these guidelines limited assistance was available for the sentencing court.  This is the first time any guidance has been given for stalking, revenge porn…

Read more

12.07.18

Unexplained Wealth Orders: A new power for law enforcement agencies

The Criminal Finances Act 2017, which came into force early this year, gives enforcement authorities such as the National Crime Agency (‘NCA’), Revenue and Customs (‘HMRC’), the Financial Conduct Authority (‘FCA’) and the Serious Fraud Office (‘SFO’) new powers which are designed to help law enforcement act on suspected corrupt assets. Section 1 of the Criminal…

Read more

3.07.18

Prosecution dismissed against judge who accessed Digital Case System

A prosecution under the Computer Misuse Act 1990 against Her Honour Judge Karen Holt has been dismissed by Mr Justice William Davis, sitting at Southwark Crown Court, who ruled there was no case to answer. The trial had been listed for 9 July 2018 and will not now proceed. HHJ Holt, charged under her married…

Read more

18.06.18

Section 22 Confiscation Applications – What should I do?

It has become increasingly common for police and Crown prosecutors to look to re-open old satisfied confiscation orders in the hope of getting additional revenue. Resources are scarce and this procedure presents an opportunity to obtain some much needed income. Quite often the subject of such applications is the equity in a matrimonial home in…

Read more

Legal Disclaimer

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

Cookies are used to personalise this website for you and to analyse how the website is being used. You give us your permission to do this by clicking the “agree” button or by continuing to use the website having received this notification. You can find further information on cookies in our cookie policy.