News & Advice

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

The capacity of digital devices to store vast amounts of information presents issues for law enforcement and prosecutors. Over the last few years we have seen many instances of non-disclosure of key evidence, and at the same time victim advocates have complained that police investigations are overly intrusive and act as a deterrent to people… Continue reading Digital Evidence & Disclosure – New Challenges for the Defence

Defences are conditions that tend to negate elements of a crime, particularly the ‘intent’. In many jurisdictions, when proving a crime during prosecution, the lawyers must also prove that none of these defences were present when the crime was committed. If present, these criminal defences could provide partial or total refuge from punishment.   What… Continue reading What Are the Different Types of Criminal Defence?

In a startling announcement, Justice Secretary Robert Buckland admitted that the right to a jury trial is in his sights and might be curtailed in a few weeks time. Before the Coronavirus pandemic, the Crown Court case backlog was approximately 39,000 cases. Since lockdown, that number has grown considerably as only a trickle of cases have… Continue reading Jury Trials and Covid-19

The recent case of Jay Davison acts as a stark reminder of the consequences that can flow if hate material is published. Davison was convicted of three offences of publishing material with intent to stir up racial hatred, for which he was subsequently sentenced to a period of four years’ imprisonment to run concurrently on each… Continue reading Publishing Hate Material: Tough Sentences Can Follow

As we slowly exit the Covid-19 ‘lockdown’, we have seen several protests in major cities. As life moves toward a more ‘normal’ footing, whatever that may be, and as we enter the Summer months, protest action may likely increase. In this article, we explore some of the legal powers that regulate processions and assemblies, found… Continue reading A Summer of Protest?

In cases where there is more than one defendant, it is a common scenario that one of more pleads guilty, perhaps at an early stage, but others continue their case to trial. A question then arises as to whether those who have pleaded guilty earlier should be sentenced immediately, or at some other point. The starting… Continue reading When Will I Be Sentenced?

On Sunday 7 June 2020 protesters in Bristol tore down the statue of Edward Colston and swiftly deposited it in the local harbour. The statue had been in situ for 125 years and had previously attracted a petition of over 10,000 names calling for its removal, due to Colston’s close connection to the slave trade. The… Continue reading Damage of Statues – Sentencing Implications

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

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