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Ogarra Cohen Cramer

Month: October 2019

Our stories

Unduly Lenient Sentences – Scheme to Be Extended

The government has announced changes to the Unduly Lenient Sentence (‘ULS’) Scheme. There are certain offences where the prosecution (via the Attorney General) can ask the Court of Appeal to review a sentence if it is thought to be unduly lenient. Any person can ask the Attorney General to consider a sentence and decide whether […]

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Getting Tough on Health and Safety

A number of recent cases indicate an increasingly robust approach to health and safety law breaches. Company Director Robert Harvey was imprisoned for ten months following an accident where a fellow worker was crushed to death by an excavator operated by Harvey. The prosecution established that Harvey had failed to undertake a sufficient risk assessment […]

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Terrorism Offences – Tougher Sentences on the Way

The Sentencing Council is consulting on revised sentencing guidelines for several terrorism offences. This is on the face of it a surprising move given that a definitive guideline was only recently implemented. The main legislative changes impacting the guidelines include increases to the statutory maximum sentences for some offences and an expansion of some offences.  […]

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Stop and Search

The police, with the support of the Home Office, are making more extensive use of stop and search powers. This new approach is partly due to rising public and political concern about knife crime. A hitherto little-used power to extend the use of stop and search is now being widely used by police forces. Section […]

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Public Order – New Sentencing Guidelines

New sentencing guidelines for public order offences come in to force for adults sentenced on or after 1 January 2020. In August 2008, the Sentencing Guidelines Council published Magistrates’ Court Sentencing Guidelines (MCSG) guidelines on sentencing the offence of affray and summary offences relating to threatening and disorderly behaviour provided for by section 4, section […]

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Drink or Drug Driving – The Second Sample

In some cases, the police need to take either a blood or urine sample from a driver suspected of driving under the influence of drink or drugs. In almost all instances, the police opt for a blood sample. Part of the procedure is informing the suspect that they can if they wish request part of […]

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Firearms – Sentencing Reform

The Sentencing Council is consulting on a new guideline for some of the most commonly prosecuted firearms offences. At the moment, guidance is to be found only in case law, and this can lead to a challenging sentencing exercise. The purpose of the guideline is to provide consistency in sentencing, and the impact assessment does […]

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Diplomatic Immunity

The somewhat arcane topic of diplomatic Immunity has hit the news headlines following the tragic death of 19-year-old Harry Dunn, as a result of a road traffic collision. It has been confirmed that the wife of an American diplomat has returned to the United States and will not face a further criminal investigation in the […]

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Conservatives Signal Tougher Sentencing Regime

At the Conservative Party Conference this week, the government indicated that it was to get tough on offenders who commit some of the most serious offences, with automatic release at the half-way point being removed in many cases. Figures for 2018 disclose that for the most serious sexual and violent offences (those that carry a […]

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