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Drugs, Prisons and Sentencing
With many offences, the punishment may vary according to the context of the criminality. By way of example, violence in a domestic context will generally be treated more harshly than the same level of harm against a stranger (absent other aggravating features). The same is true of drugs offending, and particularly when it involves prisons […]
A Bad Day in Court?
Several newspapers recently pondered why ‘one woman is jailed after stealing just £3,000 but another who took £22,000 walks free.’ The story was sparked by a tale of two defendants who appeared at the same court centre, on the same day, but faced different judges. The papers concluded that one was unlucky to have been […]
Sentencing and Delay – Can it work in your favour?
There have been widespread reports in the press about spare courtroom capacity, with judicial sitting days at an all-time low. These reports correspond to our own experience. When court delay is combined with significant delays in investigating and charging defendants to court, this can mean a very long period between the commission of any crime […]
Ten years for a double killing – look behind the headlines
In a truly tragic case, Samantha Ford drowned her 23-month-old twins in the bath. Appearing at the Old Bailey for sentence, the Judge, Mr Justice Edis, handed down a 10-year sentence, causing widespread outrage. Longer sentences are routinely handed down for drug dealing and other crimes. To understand more about this case, we need to […]
Brexit, firearms and other laws
As the government prepares to bring us out of the EU on 31st October 2019, details have begun to emerge as to the legal and regulatory position if we leave without a deal. Some of the first information released relates to firearms, although it regrettably raises more questions than it answers. Given the importance of […]
Can a statement in family proceedings be used to prosecute you?
Can the police use a statement you make in family proceedings to investigate, and possibly prosecute you for an offence? That was the key question in M (Children) [2019] EWCA Civ 1364, where the police asked the court to disclose statements made by two people under investigation for terrorism offences. The appeal concerned issues about […]
Local Authorities Get Tough on Sub-letting
As Airbnb listings in London soar to 80,000, up 400% from 2015 figures, Westminster Council is cracking down on those who use the site to unlawfully sublet social housing, with over 1,500 investigations underway. The council recovered £100,974 from a Toby Harman, a social housing tenant who had been unlawfully letting his flat on Airbnb […]
Length of Sentence – Not Always a Surprise
Is it possible to know the sentence you might get before you plead? In some cases, yes, and that might be enough for a defendant to plead guilty. For some, if they know they won’t go to prison, then they won’t fight a trial. In the Crown Court a sentence indication can be sought by […]