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Ogarra Cohen Cramer

Month: May 2018

Our stories

Environment Agency Penalties

Although some breaches of environmental law amount to criminal offences, not all do. There are a wide range of potential penalties that are quite different to those usually faced for standard criminal offences. Even where a criminal offence has been committed, court action and all that it entails can very often be avoided. It is […]

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Problems with visual identification evidence

A critical evidential problem for courts is how much weight to place upon identification evidence where that evidence is weak or based on a very brief encounter. You would think that the usual rules apply regarding the jury’s verdict; if they are not sure that the defendant has been properly identified as the perpetrator then […]

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Stalking

New offences of stalking (in addition to existing offences of harassment) were introduced in 2012. The offences are harassment which involves a course of conduct that amounts to stalking. There are two offences, stalking involving fear of violence and stalking involving serious alarm or distress.   What is stalking? There is no strict definition, but […]

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But I had no choice!

There is a defence in law known as necessity or duress of circumstances. It can be very difficult to demonstrate and will only apply in unusual and extreme circumstances. It is used to describe a situation where someone is forced by the demands of the situation to act unlawfully, and where a worse situation was […]

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Drugs Importation

It is common for officers at airports and other ports of entry to intercept people carrying controlled drugs in their luggage, clothing or inside their bodies on behalf of suppliers in foreign jurisdictions. The colloquial term for such people is ‘mule’. They may have been pressured into carrying the drugs or have done so for […]

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Getting Tough on Public Disorder

The Sentencing Council, which is the body responsible for setting sentencing guidelines in England and Wales, has today published proposed new guidelines in respect to public order offences.   What offences are covered? The guidelines will apply to the following offences, all of which are to be found in the Public Order Act 1986: Riot […]

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Request For Driver Information

It may be an offence to fail to provide information as the identity of a driver when you receive a written request to do so from (or on behalf of) the police. If convicted, you face a hefty fine and 6 penalty points.   How long do they have to make the request? A request […]

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The Parole Board – A Period of Rapid Change

Following the Parole Board decision to release John Worboys, the taxi driver rapist, there has been a review of its functions, in particular a review of Rule 25 of the Parole Board Rules 2016 that prevented the Parole Board disclosing any information relating to its hearings. That rule was found to be unlawful in a […]

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