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Corona Virus and Custody Time Limits

Custody time limits dictate the length of time that someone can be held in custody before the start of the trial. These rules are designed to ensure all persons are kept in custody for indefinite periods awaiting trial and impose obligations on the State to ensure courts function correctly. Extending custody time limits: Custody time […]

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Losing Your Home For a Crime You Did Not Commit

It is now a common feature of criminal cases that confiscation of an offender’s assets is considered following conviction. The Proceeds of Crime Act 2002 is designed to prevent a person from benefiting from the proceeds of crime. Typical Scenario “Jack and Jill have been married for 20 years, they both work and have lived […]

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Sexual Offences and the Issue of Consent

A vast number of sexual offence cases revolve around the issue of consent. In everyday terms, the ‘consent issue’ should be straightforward, either someone did, or did not, consent to sexual intimacy. In real life, particularly in the context of sexual relationships, deciphering the intentions and beliefs of those participating in sexual relations has proven […]

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Counterfeit Goods – New Sentencing Guideline Proposed

The Sentencing Council has launched a consultation on new guidelines for sentencing offenders for using a trademark without the owner’s consent. The new guideline will apply to both individuals and organisations in England and Wales. The new guideline will replace the current guideline published in 2008, which is used in magistrates’ courts and applies to […]

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Modern Policing – Necessary Restraint or Unlawful Violence?

We frequently need to consider the use of force by police officers when arresting or otherwise dealing with suspects. In the year ending March 2018, there were 469,000 recorded incidents of the use of force by police officers, ranging from the use of handcuffs to firearms. That figure is considered by some to be much […]

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Jury Trials and Covid 19

In a startling announcement, Justice Secretary Robert Buckland admitted that the right to a jury trial is in his sights and might be curtailed in a few weeks time. The Problems Before the Coronavirus pandemic, the Crown Court case backlog was approximately 39,000 cases. Since lockdown, that number has grown considerably as only a trickle […]

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Publishing Hate Material – Tough Sentences Can Follow

The recent case of Jay Davison acts as a stark reminder of the consequences that can flow if hate material is published. Davison was convicted of three offences of publishing material with intent to stir up racial hatred, for which he was subsequently sentenced to a period of four years’ imprisonment to run concurrently on […]

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A Summer of Protest?

As we slowly exit the Covid19 ‘lockdown’ we have seen several protests in major cities. As life moves toward a more ‘normal’ footing, whatever that may be, and as we enter the Summer months, protest action may likely increase. In this article, we explore some of the legal powers that regulate processions and assemblies, found […]

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Reporting Restrictions

Reporting restrictions. Although there is a general principle of open justice, that those who appear in court can be reported on, there are some exceptions. It is a contempt of court to publish anything to the public which creates a substantial risk that the course of justice in the proceedings will be seriously impeded or prejudiced, […]

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Postal Offences

Postal Offences. As the Coronavirus crisis has forced almost everyone to spend more time at home, home deliveries have rocketed as people have been forced to shop online. While this means that many people will be at home to receive deliveries, there have been reports of organised criminal activity to steal parcels and other items […]

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