News & Advice

In a recent case, a defendant was acquitted of sexual assault, the Attorney General referred the case to Court to look at a point of law. The question asked was: “Is it necessary for the prosecution to prove, as an element of the offence of sexual assault, not only that the offender intentionally touched another… Continue reading Sexual Assault and Intent

The Policing and Crime Act 2017 introduced the power for police to release suspects while under investigation rather than placing them on police bail. Before the Act, a suspect would be released on police bail, with or without conditions, with a date and time to report back to the police station if further investigation was… Continue reading Release Under Investigation

Autism spectrum disorder (ASD) refers to a broad range of conditions which are characterised by challenges with social skills, repetitive behaviours, speech and non-verbal communications.  Autism is generally a hidden disability, and it may not be immediately apparent that a person has it, and they may be undiagnosed. A person with autism may become involved… Continue reading Autism And Crime

There is a criminal offence of intentionally assisting offences believing one or more will be committed.  Jordan Atkinson was charged with this offence and sentenced to eight years’ imprisonment. The offence he assisted was wounding with intent to cause grievous bodily harm. Several co-accused were convicted of murder, wounding and assisting an offender. Atkinson appealed… Continue reading Intentionally Assisting Offences

Most people have heard of confiscation orders, usually in the context of drugs offences. After sentence, proceeds of crime hearings can be held, resulting in a confiscation order being made to recover the proceeds of the crime. What some may not be aware of is that it is not just the Crown Prosecution Service who… Continue reading Confiscation Orders, Local Authorities and Houses of Multiple Occupancy

There is a defence under section 45 of the Modern Slavery Act 2015 for a person who is compelled to do an act, where that compulsion is as a result of slavery or exploitation, and a reasonable person in the same position with the same characteristics would have no realistic alternative. In a recent case,… Continue reading Modern Slavery

The death of PC Harper has been in the news again recently. He died after he was dragged behind a car that was fleeing from the scene of a theft.  Unusually, at the same time that the Attorney General applied for leave to refer all three sentences as being unduly lenient, the three accused applied… Continue reading Manslaughter and the ‘PC Harper Case’

Eight new guidelines have been published for Firearms offences following an earlier consultation. The guidelines will come into force on 1 January 2021.   What are the new sentencing guidelines? These are guidelines that must be followed by sentencers. The guidelines must be followed unless the Judge or Magistrates’ consider it is not in the… Continue reading Firearms – New Sentencing Guidelines

Whenever a person is remanded in custody in criminal proceedings, a time limit is set within which the trial must be concluded. The Covid lockdown meant that trials were temporarily suspended leading to issues with custody time limits; if a trial cannot take place within the specified timeframe an application can be made for the… Continue reading Custody Time Limits & COVID-19

A firearms consultation has been launched this week to seek views on enhanced security for powerful rifles, introducing licensing controls on miniature rifle ranges, and tougher controls on ammunition.    Why is a consultation taking place? There have already been changes to firearms legislation in recent years such as new offences to prevent the conversion… Continue reading Firearms