News & Advice

Driving without due care and attention (careless driving) and dangerous driving are separate offences and are dealt with differently in a court of law. What Court Are These Offences Seen in? Careless driving offences are typically held in the magistrate’s court, but both offences may be held in either court, depending on how serious they… Continue reading The Difference Between Careless and Dangerous Driving

A child or young person under the age of 18 will be treated differently by the Criminal Justice System if they commit a crime. In such cases, significant weight must be given to the age of the child. Responsibility The age of criminal responsibility in England and Wales is 10, this means that a child… Continue reading Committing Crimes Underage

In 1998 a 22-year-old insurance clerk called Helen McCourt was murdered and Ian Simms was convicted of that murder. The Parole Board recently directed Simms’s release saying that they were satisfied that imprisonment was no longer required for the protection of the public. Helen’s family are objecting to the release as Simms has never revealed… Continue reading Helen’s Law

Reynhard Sinaga was sentenced to life imprisonment for the rape and sexual assault of 48 victims. The student is believed to have laced drinks with GHB to make his victims lose consciousness and have no recollection of what happened. He denied the offences saying that the acts were all consensual and the men would “act”… Continue reading Date Rape Drugs and The Law

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

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

In legislative terms, 2019 was a pretty quiet year, with parliament being so heavily occupied with Brexit, there was little time for anything else. 2020 promises to be somewhat different, the government has a substantial parliamentary majority, and being ‘tough on crime’ seems once again to be a popular political topic. The recent Queen’s Speech… Continue reading Criminal Law in 2020 – What Can We Expect?

Her Majesty’s Crown Prosecution Service Inspectorate has published a new report in relation to the investigation and prosecution of rape cases. The significant findings are: • Since 2016, the number of cases prosecuted by the CPS has fallen by 52%. This is despite the fact that there has been a 43% rise in the number… Continue reading Investigating and Prosecuting Rape Cases

In some cases, a court must order a pre-sentence report (s 156 Criminal Justice Act 2003), and a report will be appropriate in many instances when it is not a legal requirement. Sometimes a court may not be receptive to the idea of ordering a report, so we are always alive to the necessity of… Continue reading Pre-sentence Reports

In Chabloz v Crown Prosecution Service [2019] EWHC 3094 (Admin) the High Court dealt definitively with several highly technical legal challenges concerning Communications Act defences. On 25 May 2018 at Westminster Magistrates’ Court, Alison Chabloz, was convicted of three offences under section 127(1)(a) and (b) of the Communications Act 2003. She appealed her convictions to… Continue reading Online Abuse: Courts Keep Up with Modern Techniques