All posts
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…
Read more25.07.24
The difficulty with domestic abuse cases in the criminal courts
Domestic abuse cases can be difficult cases to prosecute and defend in the criminal courts. The latest data issued by the Office for National Statistics indicates that although there have been a similar number of recorded domestic abuse-related crimes in England and Wales (excluding Devon and Cornwall Police) in the year ending March 2023 (889,918…
Read more24.06.24
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 more29.04.24
London Legal Walk
Brett Wilson LLP‘s staff are taking part in the 20th London London Legal Walk on 18 June 2024 to raise money for the London Legal Support Trust (Londonlegal) in aid of free legal advice agencies. To support us, please visit our fundraising page here.
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 more13.03.24
High Court provides guidance on when an appeal should be remitted for a further hearing in fitness to practise cases
In the recent case of Hawkins v HCPC [2023] EWHC 3256 (Admin), the High Court considered the basis upon which a case should be remitted for a re-hearing following a successful appeal. This has provided useful guidance where there was a previous lack of such guidance. The initial hearing The Appellant, a physiotherapist, faced allegations…
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 moreLegal Disclaimer
Articles are intended as an introduction to the topic and do not constitute legal advice.
