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The High Court this week confirmed that the new release provisions, applying to some offenders, operate retrospectively. The court was hearing a challenge to the Terrorist Offenders (Restriction of Early Release) Act 2020, which provides that persons convicted of certain offences will not be released automatically after serving half of their sentence. Instead, prisoners will… Continue reading Court Clarifies Release Provisions

It is now a common feature of criminal cases that confiscation of an offender’s assets is considered following conviction. The Proceeds of Crime Act 2002 is designed to prevent a person from benefiting from the proceeds of crime.   Typical Scenario “Jack and Jill have been married for 20 years, they both work and have… Continue reading Losing Your Home For A Crime You Did Not Commit

A vast number of sexual offence cases revolve around the issue of consent. In everyday terms, the ‘consent issue’ should be straightforward, either someone did, or did not, consent to sexual intimacy. In real life, particularly in the context of sexual relationships, deciphering the intentions and beliefs of those participating in sexual relations has proven… Continue reading Sexual Offences and the Issue of Consent

A new guideline for sentencing offenders with mental disorders, developmental disorders and neurological impairments has been published by the Sentencing Council.  The new ‘Overarching principles: Sentencing offenders with mental disorders, developmental disorders, or neurological impairments’ guideline provides clarity and transparency around the sentencing process for this group of offenders. Evidence suggests that people in the… Continue reading Sentencing Offenders Suffering from a Mental Disorder

What does ‘care proceedings’ mean? One of the most terrifying things for a parent is the involvement of social services with their child, and allegations made as to the care of, neglect of or unexplained injuries to their children. What are your rights? What are the procedures? Can they remove your children from their home?… Continue reading What Happens in Care Proceedings?

A peculiar aspect of the criminal costs regime is that a private prosecutor can apply for their costs to be paid by the State, regardless of whether they win or lose the case. This situation allows persons to pursue prosecutions which other bodies such as the Crown Prosecution Service may have declined to take up,… Continue reading No Free Ride for Private Prosecutors

The Supreme Court has ruled on the use in a criminal trial of evidence obtained by members of the public acting as so-called “paedophile hunter” (“PH”) groups, and whether this is compatible with the accused person’s rights under article 8 of the European Convention on Human Rights (“the ECHR”). PH groups impersonate children online to… Continue reading Freelance Justice – The Role of ‘Paedophile Hunters’

Ellis Thomas pleaded guilty to a relatively minor public order offence and was sentenced to a community penalty. This penalty becomes the subject of Court of Appeal proceedings due to the following set of facts: “It was imposed on the appellant in the Crown Court not long after his 18th birthday for an offence committed… Continue reading Sentencing – Beware the Cliff Edge

The Sentencing Council has launched a consultation on new guidelines for sentencing offenders for using a trademark without the owner’s consent. The new guideline will apply to both individuals and organisations in England and Wales. The new guideline will replace the current guideline published in 2008, which is used in magistrates’ courts and applies to… Continue reading Counterfeit Goods: New Sentencing Guideline Proposed

The capacity of digital devices to store vast amounts of information presents issues for law enforcement and prosecutors. Over the last few years we have seen many instances of non-disclosure of key evidence, and at the same time victim advocates have complained that police investigations are overly intrusive and act as a deterrent to people… Continue reading Digital Evidence & Disclosure – New Challenges for the Defence