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criminal procedure

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Trademark offences; sentencing guidelines

Trademark offences; sentencing guidelines. The Sentencing Council produces guidelines on sentencing for the judiciary and criminal justice professionals. The aim is to promote greater consistency in sentencing whilst maintaining the independence of the judiciary. The guidelines set sentencing ranges within the maximum for the offence and must be followed unless the court is satisfied that it […]

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DVLA and Roadside Checks

DVLA and roadside checks. Technology has been developed by the DVLA and the Home Office for police officers to use at the roadside to confirm the identity of a driver. The technology allows instant access to a photograph of the driver. The picture is held on the DVLA driver’s database, and immediate access is provided to […]

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Natural England Prosecutions

Natural England prosecutions. Natural England (and Natural Resources Wales) is the government’s advisor for the natural environment in England and Wales. Established in 2006, its purpose is to help conserve, enhance and manage the natural environment. It enforces the laws that protect wildlife and the environment and state that enforcement is used as a last resort. […]

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Stalking and Stalking Protection Orders

Stalking and Stalking Protection Orders. A former premier league footballer, Shayne Bradley, pleaded guilty to stalking a former girlfriend. It was said he followed her, watched her house, sent mails and made abusive phone calls. He hid in hedges near her home and set up a fake dating profile to make contact. The conduct was over […]

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Life sentences with further orders  

Life sentences with further orders. A recent Court of Appeal case has ruled on the appropriateness of protective orders when a life sentence is in place. In GD’s case, the Court imposed a Sexual Harm Prevention Order (SHPO) alongside an indeterminate life sentence. On appeal, the question was whether making the SHPO was wrong in […]

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Covid 19 – fixed penalty notices

Covid 19 – fixed penalty notices. More than 85,000 fixed penalty notices (FPNs) have been issued for breaches of the Covid restrictions in England since March 2020. What is a fixed penalty notice? An FPN allows a penalty to be paid instead of being prosecuted and risking a criminal conviction. Fast payment is incentivised by reducing […]

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Deletion of Police Records

Deletion of police records. In 2006 the Association of Chief Police Officers, known as ACPO, founded a Criminal Records Office, now known as ACRO. The intention was for ACRO to organise the management of criminal record information and improve links between the records and biometric information. ACRO’s principal functions are providing police certificates, international child protection […]

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Bite Mark Evidence

What is bite mark evidence? A bite mark is a pattern produced by the indentations of the teeth into any substance capable of being marked. It is argued that a bite mark can be thought of as a tool mark and that they are unique to the individual, like a fingerprint. The way a bite […]

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GPS Tags on Released Prisoners

GPS tags on released prisoners. The government has announced what it has called a “world-first scheme” to track certain offenders as they are released from prison. The proposal will make those convicted of burglary, theft or robbery wear a GPS tag on release from prison. The scheme follows from the use of sobriety tags, introduced […]

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Drugs & Sentencing – Is Cash Relevant?

In the case of Mahmood [2019] EWCA Crim 1532, the court dealt with the relevance of cash when determining which sentencing category an offence fell into. A large quantity of drugs was seized from Mahmood’s premises along with around £30,000 in cash. The Judge found that the offending drugs fell into Category 2 harm, not […]

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