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Young Offenders – A Change to Prison Discipline Rules

Changes to the prison adjudication rules came in to force on 15 May 2020 and will remain in place until 25 March 2022, unless revoked earlier. The changes are in response to the Coronavirus pandemic.   What has changed? The rules cater for the situation where a disciplinary charge has been referred to an Independent… Continue reading Young Offenders – A Change to Prison Discipline Rules

Police Investigations – Are They Now Secret?

It is quite common to read in a newspaper that someone has been arrested. Local papers will cover almost any story of interest, and national media if the case involves a high-profile person. For the person being investigated, such publicity can be devastating, as many people will conclude that there is ‘no smoke without fire’. The… Continue reading Police Investigations – Are They Now Secret?

Counter-Terrorism and Sentencing Bill

Following on from the terror attacks at Fishmongers Hall on 29 November 2019, and in Streatham on 2 February 2020, the government has announced the next phase of its tougher approach to terrorism offences.   What are the aims of this proposed legislation? The Counter-Terrorism and Sentencing Bill is designed to further strengthen the approach… Continue reading Counter-Terrorism and Sentencing Bill

Increase in Sentences for Aggravation Related to Disability, Sexual Orientation or Transgender Identity

Section 146 of the Criminal Justice Act 2003 states that if the following circumstances are present, it must be treated as an aggravating factor during sentencing, and in this article, we look at ways that you can mitigate its effect. Those circumstances are — That, at the time of committing the offence, or immediately before or… Continue reading Increase in Sentences for Aggravation Related to Disability, Sexual Orientation or Transgender Identity

Coronavirus and Conveyancing

The housing market and industry have taken many innovative steps to ensure that it can adjust and survive during the lockdown restrictions across the UK that have been in place since March 2020. This has included more widespread use of electronic signatures and virtual valuations.    Selling and moving house during lockdown Since May 2020,… Continue reading Coronavirus and Conveyancing

Postal Offences

As the Coronavirus crisis has forced almost everyone to spend more time at home, home deliveries have rocketed as people have been forced to shop online. While this means that many people will be at home to receive deliveries, there have been reports of organised criminal activity to steal parcels and other items of value.… Continue reading Postal Offences

Reporting Restrictions

Although there is a general principle of open justice, that those who appear in court can be reported on, there are some exceptions. It is a contempt of court to publish anything to the public which creates a substantial risk that the course of justice in the proceedings will be seriously impeded or prejudiced, even… Continue reading Reporting Restrictions

Interpreters

Many people face court proceedings who do not necessarily have a detailed grasp of the English language. A defendant mustn’t be a mere observer of legal proceedings and they must, as fully as anyone not legally qualified can, participate fully. It is therefore vital that a qualified and competent interpreter is engaged to assist in… Continue reading Interpreters

Trial Delays

A defendant has the right to a fair trial within a reasonable time. In exceptional cases, a delay will lead to a stay of proceedings as an abuse of process. A stay of proceedings is an extremely rare outcome, with the Court of Appeal making the following observation in R v PS [2013] EWCA Crim… Continue reading Trial Delays

Notification Requirements – Removal

A large number of people are subject to notification requirements under Part 2 of the Sexual Offences Act 2003, many for an indeterminate period. The notification framework is often referred to as the ‘sex offender register’, and around 60,000 people are affected (although not all of those are subject to indeterminate notification). Last week several… Continue reading Notification Requirements – Removal