18/12/23
A new strategy aimed at tackling the growing threat of serious and organised crime has been announced by the Home Secretary as the government steps up action to clamp down on criminal gangs operating in and against the UK. The National Crime Agency (NCA) estimate that there are at least 59,000…
15/12/23
On occasion, Siri or a Google search may well be able to answer a legal query, but the end-user needs to know whether the information online was accurate when first posted and, if so, is correct now. Lawyers spend years learning the skills necessary to carry out proper and comprehensive legal research…
01/12/23
The government is legislating to ensure that anyone sentenced for the offence of rape, and certain other serious sexual offences , no longer receives a determinate custodial sentence. Where neither a life sentence nor an extended sentence ('EDS') is served, the sentence will fall into the…
01/12/23
In a recent case, the High Court considered the implications of free speech in the context of public order offences. The case involved Tory MP Sir Iain Duncan Smith, who was subjected to abuse whilst in the street accompanied by his wife and a colleague. The prosecution case was that in the…
17/11/23
The Public Accounts Committee has published a report that raises concerns in relation to the level of support given to prisoners on their release. Reoffending causes harm to victims and costs the criminal justice system and wider society dearly. In 2019, the Ministry of Justice estimated that…
10/11/23
A prisoner with the earliest release date in August 2027 applied to the Prison Service concerning participation in fertility treatment. His partner unfortunately suffers from fertility problems, which include a low number of eggs, polycystic ovaries and a blocked and leaking right fallopian tube.…
03/11/23
Sentencing guidelines exist to guide a court when deciding on the appropriate punishment for most drug-related offences. The guidelines reference the most common drugs, such as cocaine and cannabis, but do not expressly cover drugs which are less commonly found in this type of offending. One such drug…
03/11/23
On 28th October 2023 provisions in the Police, Crime, Sentencing and Courts Act 2022 came into effect, enacting changes to the laws in relation to the rehabilitation of offenders. These amendments extend the scope of the Rehabilitation of Offenders At as it applies to England and Wales so that…
03/11/23
The Economic Crime and Corporate Transparency Act 2023 has received Royal Assent and, when in force, will implement a large number of changes aimed at fighting economic crime and other illegal activity. One major reform in the Act is in relation to Cryptoassets and how they can be seized under…
03/11/23
The Dangerous Dogs (Designated Types) (England and Wales) Order 2023 was laid before parliament on 31 October 2023, which has important implications for the owners of the dog breed "XL Bully". This statutory instrument will be accompanied by other legislative changes that form a package of…
20/10/23
In July 2023, the Court of Appeal quashed a sentence of 28 months imprisonment and substituted a sentence of 14 months imprisonment, suspended for two years. The case concerned an offence of administering poison with intent to procure miscarriage, with respect to a pregnancy in the range of 32 to…
20/10/23
The Firearms Act 2023 has received Royal Assent and, when brought into force, will introduce several regulatory and criminal law reforms. Miniature Rifle Ranges There is an exemption in firearms law (section 11(4) of the Firearms Act 1968), which allows a person to run a rifle range or…
13/10/23
A new study by Professor Carole McCartney of the University of Leicester has highlighted police handling of materials gathered to support criminal prosecutions. Professor McCartney found: CPS data indicate the potential impact of lost materials on prosecutions, reporting that between October…
13/10/23
This week, the prison population rose to a record number of 88,225, a significant increase on the previous week and only around 500 places short of "operational capacity", the maximum number of prisoners that can be held. Andrea Albutt, president of the Prison Governor's Association,…
06/10/23
More than 100,000 children have a parent in prison for the first time since records began, according to analysis of government figures. An official Ministry of Justice estimate says that each male prisoner has, on average, 1.14 children, meaning that an estimated 100,084 children have a parent in…
06/10/23
Some people may be physically unable to use the current evidential breath analysis machines relied upon by police to gather proof of driving under the influence of alcohol or drugs, new research from the University of Sheffield indicates. The new study challenges the norm that anyone failing to…
02/10/23
The Courts make Football Banning Orders to help prevent violence or disorder at, or in connection with, regulated football matches. Individuals with a banning order are precluded from attending all regulated matches in the UK. They may be required to hand over their passport to the police before…
02/10/23
Police are currently investigating the causes of a fire that destroyed the Crooked House Pub near Dudley, causing a lot of people to wonder about the laws of criminal damage. Generally speaking, a person can damage, which includes setting fire to, their property. So, if you no longer want an item,…
29/09/23
Possession of nitrous oxide, also known as 'laughing gas', will be illegal by the end of the year. The ban was promised as part of the Government's Anti-Social Behaviour Action Plan, with the Home Secretary urging police forces to get tougher on flagrant drug taking in the streets,…
28/09/23
At the trial of former Nurse Lucy Letby, the jury could not reach a verdict on six counts of attempted murder. On 25 September 2023, the Crown Prosecution Service ('CPS') informed the court that it seeks a re-trial on those charges. Many may question how they have come to this decision and…
28/09/23
A feature of many miscarriages of justice cases is the malign influence of dishonest police officers who have managed to stay in post despite many years of red flags having been raised in some cases. Recent tragic cases, such as the murder of Sarah Everard, have brought this issue to the forefront…
28/09/23
Cross-party legal reform charity, JUSTICE has recently published a landmark report describing how the rule of law in the UK has " regressed significantly on multiple fronts " and threatens the very democratic fabric of our nation. The rule of law is a set of principles, fundamental to our…
28/09/23
Much has been written recently on government plans to "ban" machetes and zombie knives and claims have been made that possession would be made "illegal". The government said: " Machetes and zombie-style knives with no practical use will be banned and police will have…
07/09/23
A new offence of strangling/suffocation came into force on 7 June 2022. The case of Cook [2023] EWCA Crim 452 sets out comprehensive sentencing principles for Judges. In Cook, the Court of Appeal commented: " In view of the inherent conduct required to establish this offence a custodial…
21/08/23
It is common for money laundering offences (under the Proceeds of Crime Act 2002) to be charged in conjunction with other alleged criminal activities, especially those related to drug offences. Whilst dealing with the monetary gains from offending will indeed amount to a separate money laundering…
18/08/23
The Environment Agency is responsible for the investigation and prosecution of numerous regulatory and criminal offences. As an alternative to criminal prosecution, financial sanctions can be imposed under the guidelines of the Environmental Civil Sanctions (England) Order 2010. In an announcement…
03/05/23
Forbes Solicitors has announced 11 new promotions across a range of its specialisms including employment, insurance, contentious trusts & probate, commercial property, crime, housing & regeneration, and commercial litigation. The promotions, which are effective from 1 May, will create two…
