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On the Balance of Probabilities – But What Does That Mean?

In criminal law, we use two different standards of proof, the most well known is ‘beyond reasonable doubt’ (although these days expressed as ‘so that you are sure’), and the balance of probabilities. The latter standard of proof gets less attention but is nonetheless of critical importance in criminal cases. Whilst we hear the term… Continue reading On the Balance of Probabilities – But What Does That Mean?

Sentencing – Breaking the Code

Few people would disagree with the suggestion that sentencing law in England and Wales is a complete mess. The provisions that govern how a defendant is to be sentenced are both complex and disparate and to be found across a significant number of statutes. Why Does This Matter? Research has shown that thousands of sentencing… Continue reading Sentencing – Breaking the Code

Private Prosecutions – ‘Doing a Boris’

A District Judge sitting at Westminster Magistrates’ Court last week authorised that a summons be issued against the prominent conservative member of parliament, Boris Johnson. The allegations relate to alleged conduct during the Brexit referendum campaign and in particular the £350m per week for the NHS slogan that adorned the side of campaign buses. Unless… Continue reading Private Prosecutions – ‘Doing a Boris’

Driving Bans – Not Just for Traffic Offences

Most people know that a driving ban may follow for serious road traffic offences or a series of lower-level traffic crimes as a result of ‘totting up’. Few of our client’s know that disqualifications can follow in other cases if a vehicle is used to facilitate the commission of an offence. What is The Relevant… Continue reading Driving Bans – Not Just for Traffic Offences

Totting up Driving Ban

Totting up refers to an accumulation of penalty points on your driving licence, which leads to a driving disqualification. Disqualification will occur if an individual accumulates 12 penalty points within a three year period. How Long Do Points Stay on my Licence? The time in which penalty points will stay on your record will be… Continue reading Totting up Driving Ban

Sally Challen – An Issue of Coercive Control

In February 2019 the Court of Appeal quashed Sally Challen’s conviction for the murder of her husband and ordered a retrial. Last week the prosecution accepted a plea to the lesser offence of manslaughter and Challen received a sentence that meant she would serve no further time in custody. Why Was The Appeal Allowed? Challen… Continue reading Sally Challen – An Issue of Coercive Control

Prosecuting Sexual Offences – Time for a rethink?

Justice, the renowned human rights organisation, has published a significant report that examines the prosecution of sexual offences, and in some areas calls for a radical overhaul. Among the authors of the report is Judge Peter Rook QC, a senior Judge at the Central Criminal Court (‘Old Bailey’) and considered an expert authority on this… Continue reading Prosecuting Sexual Offences – Time for a rethink?

Why Hasn’t Michael Gove Been Arrested?

A question on many people’s lips since the former Justice Secretary admitted to using cocaine several times earlier in his career. So, Could he Face the Legal Consequences of This? Cocaine is a Class A drug, the most serious category. Drug offences are governed by the Misuse of Drugs Act 1971 and whilst buying a… Continue reading Why Hasn’t Michael Gove Been Arrested?

Disqualified Directors

Recently, three men from Halifax were convicted after one of them was found to have run a company whilst disqualified. The other two were convicted of assisting him. If you’re thinking of trying to evade a director’s ban, be aware that it can lead to a criminal conviction and even prison. Why Was he Disqualified?… Continue reading Disqualified Directors

What is a Criminal Compensation Order?

The press has recently reported that children who were victims of serious sexual abuse have received paltry sums, £20 for example, as compensation from the courts. The court has a duty to consider making a compensation order in any case where personal injury, loss, or damage has resulted from the offence. If it does not… Continue reading What is a Criminal Compensation Order?