In a recent case (Spivey [2022] EWCA Crim 997) a Judge was faced with offenders who had just turned 18 years of age. When sentencing, he made the following observation: “I do have in mind the guidelines in relation to sentencing children and young people.” However, he concluded that as one of the appellants was… Continue reading Age and Sentencing
Custody time limits seek to regulate the maximum period that a person can be held in custody before their trial commencing. Broadly speaking, that period is one of six months. To extend the period beyond six months, the prosecution must have acted with all due diligence and expedition, and there must be good and sufficient… Continue reading Barrister Strikes and Custody Time Limits
Several offences, such as those involving offensive weapons and blades, have minimum sentencing provisions, resulting in imprisonment for at least six months for many offenders. A question arose as to whether such prison sentences could lawfully be suspended. In the case of Whyte Whyte [2018] EWCA Crim 2437 the court held: “Although… Continue reading Clarity on Suspended Sentences
The trial of former footballer Ryan Giggs ended this week without a verdict. The aim of any trial is for a verdict to be reached on all counts, whether guilty or not guilty. Ideally, a jury will be unanimous in its view. In the Giggs trial, it became apparent that a unanimous verdict looked unlikely,… Continue reading Ryan Giggs and the “Hung Jury”
Former footballer Ryan Giggs is on trial for a number of offences including “using controlling and coercive behaviour”. We of course would never comment on an ongoing trial, but in this article, we explore further the elements of this offence. So, what is the offence? Controlling or coercive behaviour does not relate to a single… Continue reading The Ryan Giggs Trial
Sections 63 and 64 of The Police, Crime, Sentencing and Courts Act 2022 came in to force on 1st August 2022. It created two new offences of trespass with intent to pursue hares (s.63 PCSCA 2022) and being equipped to search for or pursue hares (s.64 PCSCA 2022). The s 63 offence (Trespass with intent… Continue reading New Hunting Offences
Victims, members of the public and the media will be able to ask for a parole hearing to be heard in public for the first time, following law changes. From 21 July 2022, anyone including prisoners, victims, members of the public or the media will be able to ask the Board to hold a hearing… Continue reading Parole Hearings To Be Heard In Public For The First Time
From the 1st of July 2022, new rules on the use of self-driving vehicles in Great Britain have come into force. The changes are included in a new section in The Highway Code. Currently only vehicles with advanced driver assistance systems are available in the UK. No vehicles in Great Britain have been classed as… Continue reading A new section for self-driving vehicles has been added to the Highway Code
With effect from 27th June 2022, barristers in England & Wales will be taking industrial action in order to protest against what they see as the deteriorating state of the criminal justice system. A form of action, known as “no return” is already in place, but further measures are being taken in order to force… Continue reading Barristers’ Strike Action
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