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Pandemics, Covid and Fraud

Legal experts are warning that an onslaught of new cases is inevitable for the Serious Fraud Office amid the coronavirus-prompted recession.  “I envisage that much more serious fraud will be uncovered in the next six to 12 months. The SFO will be even more relevant than it has been before, post-pandemic,” says Sam Tate, a… Continue reading Pandemics, Covid and Fraud

How Have Relationships Coped During Lockdown?

The UK lockdown has taken its toll on everyone, for both businesses and individuals alike, but how have relationships coped during this time? The last few months have tested relationships in ways that many couples have never experienced before, nor expected. It’s been intense; there’s been a lot of uncertainty, fast-tracking and being apart.  … Continue reading How Have Relationships Coped During Lockdown?

Counterfeit Goods: New Sentencing Guideline Proposed

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

Knives – Cash for Surrender

The Offensive Weapons Act 2019 makes provision for the surrender of certain weapons. Sections 44, 46, 54 and 55 of the Act amend various pieces of legislation with the effect that it becomes an offence to possess certain dangerous knives, offensive weapons, firearms and ancillary equipment which it was previously lawful to keep (including certain… Continue reading Knives – Cash for Surrender

Sentencing – Beware the Cliff Edge

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

‘Lurking Doubt’ as a Ground of Appeal

The idea of lurking doubt as a ground of appeal was first identified in the case of Cooper [1969] 1 QB 267 when the Court held: ‘…we are indeed charged to allow an appeal against conviction if we think that the verdict of the jury should be set aside on the ground that under all… Continue reading ‘Lurking Doubt’ as a Ground of Appeal

Freelance Justice – The Role of ‘Paedophile Hunters’

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’

Secrets and Spies

The Official Secrets Act protects the United Kingdom from spying and leaks. The legislation dates back to 1911, 1920, 1939 and was last updated in 1989. Since then, there have been many advances in data technology and communications affecting the nature of unauthorised disclosures and espionage. As a result, the Law Commission has provided a report to… Continue reading Secrets and Spies

No Free Ride for Private Prosecutors

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

Indictments – The Basics

An analysis of criminal appeals reveals that indictment errors, often undetected at the trial stage, can lead to significant injustice. However, the Court of Appeal will not quash a conviction merely because there was some unfairness in the trial process; it will only do so if the conviction is unsafe. The application of this test,… Continue reading Indictments – The Basics