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Blood tests for sleepy drivers could pave the way for prosecutions

Blood tests for sleepy drivers could pave the way for prosecutions. A blood test to measure whether a driver who has caused an accident was impaired by lack of sleep could be available within two years, making it easier to legislate against drowsy drivers or their employers. Is this really a problem? Globally, more than 1.35 […]

New Public Order Laws

New Public Order Laws. Current legislation to manage protests provides predominantly for powers to counter behaviours at protests which are violent or distressing to the public. These powers include those under the Public Order Act 1986 (the “1986 Act”) which provides the police with powers to manage public processions and assemblies, including protests. Sections 12 and […]

Is Remote Justice Fair?

During the Coronavirus Pandemic, the courts resorted to hearings via video link in many cases (‘remote hearings’), and that trend has continued to a lesser extent since. A remote hearing is defined as one where any participant joins the hearing remotely via telephone or video call. Many people have questioned whether such hearings are fair, […]

Change to Magistrates’ Sentencing Powers & Early Release

The sentencing regime in the magistrates’ court is notoriously complex and about to change again following a government U-Turn. In May 2022, the government allowed magistrates to imprison an adult for up to 12 months for a single either-way offence; the previous maximum for a single offence was 6 months. This change was designed to […]

Control of Explosives Precursors and Poisons

New laws, in force from 1 October 2023 will make a number of amendments to the regime governing regulated and reportable substances under the Poisons Act 1972. The purpose of the amendments is to strengthen existing safeguards that are in place to prevent the illicit use of certain explosives precursors and poisons to cause harm. […]

Death by dangerous driving – sentencing under review

On 28 June 2022, the maximum penalty for causing death by dangerous driving was increased from 14 years imprisonment to life imprisonment. The Sentencing Council is currently considering a revision to its sentencing guideline to reflect this change. Until that work is complete, there is an understandable confusion as to what level of uplift is […]

Contamination of or interference with goods

Contamination of or interference with goods. It is an offence for a person, with the intention to (a) of cause public alarm or anxiety, or (b) cause injury to members of the public consuming or using the goods, or (c) cause economic loss to any person by reason of the goods being shunned by members of […]

Delay & Alleged Historic Offending

Delay & Alleged Historic Offending. It is now commonplace for us to be asked to deal with cases where a person is accused of a crime, most commonly of a sexual nature, which is said to have occurred many decades earlier. Not surprisingly, those accused will wonder how they can be expected to properly defend […]

Proceeds of Crime – Confiscation Reform on the Cards

Proceeds of Crime – Confiscation Reform on the Cards. The Law Commission has published new reforms to overhaul the system for recovering the proceeds of criminal activities. The reforms, which are the culmination of a Home Office-commissioned review, would enhance enforcement powers and could lead to the recovery of millions of pounds of additional funds […]

Review of Unduly Lenient Sentences – Latest Figures Published

The Attorney General has the power to refer to the Court of Appeal sentences for certain offences that they believe to be unduly lenient. This is sometimes called the unduly lenient sentence scheme. The scheme was established in the Criminal Justice Act 1988 and came into force in 1989. The purpose of the scheme is […]