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Ogarra Cohen Cramer

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Plying for Hire

Plying for Hire. It is an offence to “ply for hire” without a licence. The offence comes from the Town and Police Clauses Act 1847, section 45 states it is an offence for a person to allow a vehicle (referred to as a carriage) to be used as a hackney carriage plying for hire without […]

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Blaming a third party by way of defence

Blaming a third party by way of defence It is often the case that a defendant does not dispute that a crime has been committed but denies any participation. In such cases, it will be not only essential to challenge any evidence that points to the defendant as being guilty but also look for evidence […]

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Lockdown Restrictions

A new lockdown is in force across England from midnight on 5th November 2020 for 28 days. The new laws are intended to dampen down the spread of Covid19 and ensure that the National Health Service is not overwhelmed due to demand breaching its operational capacity. What can I still do? You can leave home […]

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Rape Prosecutions

Newspapers regularly report that the number of rape prosecutions are low or falling. The Crown Prosecution Service has now published new draft legal guidance for prosecutors on “rape myths and stereotypes” as part of the revision of guidance on rape and serious sexual offences. In July this year, the CPS published a five-year strategy to […]

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Identification by Police Officers

It is quite common for a police officer to view CCTV footage and purport to identify a suspect. Many unresolved cases are distributed to police forces nationally on the off-chance that an officer may recognise someone who is wanted for questioning (Smith [2008] EWCA Crim 1342). In other cases, an officer may compare a photograph […]

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Covert Human Intelligence Sources

The Covert Human Intelligence Sources (Criminal Conduct) Bill passed its second reading in the House of Commons. The MP who is Minister for Security, James Brokenshire, set out the purposes of the Bill during the Second Reading debate. “…the Bill deals with participation in criminal conduct by covert human intelligence sources – so-called CHIS. These […]

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Search Warrants

Search Warrants. The Law Commission has recommended reforms that it says will reduce the number of unlawful search warrants being issued, and to assist in the collection of evidence and investigation of crime. Currently, a police officer or other investigator applies to a magistrate or a judge for a search warrant. If granted, a warrant […]

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Memory Fallibility

In the criminal courts, we are seeing an ever-increasing number of cases where the court hears evidence from witnesses recounting what apparently happened some years earlier. Of course, in many cases, some of that evidence would have been recorded at the time, by way of a witness statement. Still, it is widespread for such evidence […]

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Disclosure of Criminal Records

The government has recently approved a proposal to reform the disclosure of criminal records. A review of the sentencing system found that a critical element in reducing offending was having access to employment. Having unspent convictions can be a barrier to gaining employment, so the proposal is to change the law to reduce the number […]

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John Goodwin: The Justice Select Committee on Private Prosecutions

John Goodwin defends all types of Animal Welfare Cases and currently is representing defendants in some of the Biggest RSPCA cases throughout England and Wales. He has many concerns about the role of the RSPCA as a private prosecutor and particularly the fairness of the initial stages of their investigations. Many clients are unaware when […]

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