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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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Use of EncroChat phones for evidential purposes

We examine whether messages from an EncroChat phone can be used in evidence. A vast number of cases are awaiting a criminal trial that will rely, to a greater or lesser extent, on the admissibility of communications made via the supposedly highly encrypted Encrochat service. The Court of Appeal has now issued a ruling following […]

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Sentencing for Drug Offences

Sentencing for Drugs Offences. New sentencing guidelines for some drugs offences will come in to force on 1 April 2021 and will apply to all cases sentenced on or after that date. The update is to reflect modern drug offending and new guidelines for offences created by the Psychoactive Substances Act 2016 to bring clarity […]

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Custody Time Limits & Young Defendants

Custody Time Limits & Young Defendants. In response to the Coronavirus pandemic, the government introduced changes to the custody time limit regulations that extended the custody time limits in the Crown Court by two months to address ongoing delays in the criminal justice system worsened during the pandemic. In September, Just for Kids Law, along […]

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Air Weapons – The Law & Proposed Reforms

The licensing of air weapons is different across the UK: In England and Wales, there is no need to acquire a licence to hold an air weapon. In Scotland air weapons owners need a specific air weapons licence. In Northern Ireland, air weapons owners need a firearms licence. It an offence to sell or gift […]

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When Life is Life

When a life sentence is imposed, a tariff is attached to it. This tariff is the minimum amount of time that a person must spend in custody before being considered for parole and release. In certain circumstances, a whole life tariff (order) can be imposed, which means that the person will never be released. Whole […]

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Manslaughter and the ‘PC Harper Case

Manslaughter and the ‘PC Harper Case. The death of PC Harper has been in the news again recently. He died after he was dragged behind a car that was fleeing from the scene of a theft. Unusually, at the same time that the Attorney General applied for leave to refer all three sentences as being unduly […]

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Misconduct in Public Office

There are typically less than 100 prosecutions each year for this offence but given that the defendants are public servants such as police officers, prison officers and the like, the consequences of a conviction on careers, pensions and even liberty can be very severe. This week the Law Commission, which is the statutory body responsible […]

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Custody time limits & Covid19

Whenever a person is remanded in custody in criminal proceedings, a time limit is set within which the trial must be concluded. The Covid lockdown meant that trials were temporarily suspended leading to issues with custody time limits, if a trial cannot take place within the specified timeframe an application can be made for the […]

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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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