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Voyeurism and ‘Upskirting’ – Government Acts to Strengthen Law
The Voyeurism (Offences) (No 2) Bill completed its parliamentary journey on 15th January 2019 and will shortly receive Royal Assent. As the Act will create new criminal offences, the usual convention is that at least two months will pass before the offence comes in to force. Why was this law passed? This new law […]
Community Protection Notices
Community Protection Notices (CPNs) are currently attracting a lot of attention from the legal community, and we have many concerns concerning the way in which they are presently being used. In a recent case (Stannard v The Crown Prosecution Service [2019] EWHC 84 (Admin)) a CPN in the following terms was challenged: “The notice now […]
Government Unveils New Domestic Abuse Legislation
On Monday the government unveiled its new strategy to tackle domestic abuse. This follows a consultation exercise carried out last year which drew over 3,000 responses. The new measures are: Introducing the first ever statutory government definition of domestic abuse, which will include economic abuse Establishing the office of the Domestic Abuse Commissioner and setting […]
Sleepwalking – Is It A Defence?
You wake up one morning and the horror of the night before quickly unfolds. Blue lights and uniformed police officers greet you, search your house and find your girlfriend dead in the bathroom. You have no memory of anything happening overnight, and she was alive and well when you went to sleep. You are arrested […]
Plead in Haste, Regret at Leisure
It should go without saying that no plea ought to be entered in any criminal case unless and until the case has been appropriately considered. Regrettably, we see an increasing number of people, who have attended court alone, being pressured into entering a plea without having had the advantage of legal advice. It is vital […]
End of The Road for Short Prison Sentences?
The big news story of the weekend was the surprising news that the Prisons Minister is considering whether to abolish the power to impose short prison sentences, those of 6 months or less. Arguing for the need for reform, Mr Stewart told the Daily Telegraph Magazine: “You bring somebody in for three or four weeks, […]
Soubry and the Nazi Slur – An Offence?
Was it an offence to accuse Anna Soubry of being a Nazi whilst she was broadcasting on Sky News? Potentially, is the answer. The Public Order Act 1986 contains the most likely candidates for any prosecution, in sections 4, 4A, and 5. These sections deal with ‘lower level’ public order offences. What are those […]
Parental Dilemmas That Could Land You in Prison
It is a nightmare scenario that potentially any parent could face. A child returns home, late at night in an agitated state. He hurriedly tells you that he has been in a fight, it wasn’t his fault, but someone has been hurt, badly. Further details are not forthcoming, but he thinks the police will be […]
A Simple Adjournment?
In criminal practice and procedure, you might think that the humble adjournment is a relatively simple and straightforward matter, but you would be wrong. A little like buses, never available when you want one, yet, when you don’t want a case delayed the court always appear happy to work against you. But in reality, the […]