Category: criminal law

The advice here concerns ‘lethal barrelled’ air weapons – those with muzzle energy of more than 1 joule. Guns below this threshold, and qualifying ‘airsoft’ guns, are not regarded as firearms. Air weapons with muzzle energy greater than 12 foot-pounds may only be held on a firearm certificate issued by local police forces. Air pistols… Continue reading Air Weapons – Safety Tips to Keep You Out Of Court

Aggravated Trespass Aggravated trespass is an offence under section 68 of the Criminal Justice and Public Order Act 1994. It can only be tried in the magistrates’ court and carries a maximum penalty of three months’ imprisonment. A person commits this offence if they trespass on land in the open air and, in relation to… Continue reading Aggravated Trespass

A case recently came before the Recorder of London. It was ruled that it was not in the public interest to force a journalist to hand over material that would identify a potential terrorist.           The journalist in question was Chris Mullin, and the police applied for an order for him… Continue reading A journalist and his sources

It is commonly thought that a magistrates’ court does not have the power to resolve all issues that might lead to abuse of process being argued. In the recent case of Mansfield v Director of Public Prosecutions [2021] EWHC 2938 (Admin), the facts were as follows: The appellant challenged a decision refusing an application to… Continue reading Abuse of Process

This is the name of the paper presented to Parliament that proposes changes to the sentencing and release frameworks in the criminal justice system. The paper sets out the “problems” they have identified in the system as being automatic release, improving confidence and addressing the causes of offending.   Automatic release – the blanket use of automatic… Continue reading A Smarter Approach to Sentencing?