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Cutting Agents and Drugs Sentencing

Cutting Agents and Drugs Sentencing. It is widespread for drugs to contain an adulterant or cutting agent, and the presence of cutting agents often leads to arguments when it comes to sentencing. There are typically two scenarios. The first is where, during the police investigation, a large amount of cutting agent is seized alongside the drugs. […]

Legal Privilege Review

Legal Privilege Review. Clients must understand that the information shared with their lawyer is privileged, meaning it will remain confidential in almost all circumstances. This rule, known as legal privilege, is a cornerstone of our justice system, providing security and protection. Legal privilege is critical to a functioning justice system, and the reasoning for this […]

New Public Order Powers In Force

New Public Order Powers In Force. New public order powers to prevent individuals from causing repeated serious disruption came into force on 5th April 2024. The Government says that: “In recent years, we have seen an increase in protest tactics that are dangerous and cause serious disruption. The Government is committed to ensuring that the hard-working […]

Immigration Offences – New Sentencing Guidelines Being Proposed

Immigration Offences – New Sentencing Guidelines Being Proposed. A package of six new sentencing guidelines for offenders convicted of immigration offences in England and Wales has been published by the independent Sentencing Council following changes in legislation. Under the proposals, judges and magistrates will – for the first time – have dedicated sentencing guidelines for immigration […]

Protest, Criminal Damage and “lawful excuse”

Protest, Criminal Damage and “lawful excuse” . In the case of the Attorney General’s Reference on a Point of Law No 1 of 2023 [2024] EWCA Crim 243, the Court of Appeal considered the defence of “lawful excuse” in the context of criminal damage committed by protestors. In 2020, a group targeted the premises of […]

Fast Track Justice – For Some

Fast Track Justice – For Some The government has introduced the Post Office (Horizon System) Offences Bill before Parliament; if passed, the resultant Act will automatically overturn convictions for certain offences linked to the Post Office Horizon scandal. The Post Office Horizon IT scandal has been described as the one of UK’s most widespread miscarriages […]

Justice on a Budget

Justice on a Budget. The Spring Budget was delivered by the Chancellor Jeremy Hunt on the 6th March 2024 and offered little by way of comfort so far as the criminal justice system is concerned. Overall departmental spending is said to rise by 1%, but this is not evenly spread, with protected spending, such as on […]

New Prisoner Rules 2024

New Prisoner Rules 2024. The Prison and Young Offender Institution (Adjudication) (Amendment) Rules 2024 come into force on 31 May 2024 and will make several important changes concerning prisoner discipline and punishment. These changes are intended to improve behaviour management in prisons by ensuring serious offences against discipline are appropriately charged and providing governors with […]

Blackmail, Kidnap and False Imprisonment – new sentencing proposals

Blackmail, Kidnap and False Imprisonment – new sentencing proposals Draft guidelines for sentencing offenders convicted of blackmail, kidnap or false imprisonment, were published by the independent Sentencing Council. Under the proposals judges will, for the first time, have dedicated guidelines to follow when sentencing these offences. The new guidelines will ensure that the courts are […]

Pre-recorded Evidence in Sexual Offence Cases

Pre-recorded Evidence in Sexual Offence Cases. Newly published research suggests that pre-recorded evidence in chief and cross-examation, often referred to as “section 28 evidence”, may be more advantageous to the accused than live evidence given in court before a jury. Conviction rates are reported to be 10% lower when this type of evidence is used […]