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Ogarra Cohen Cramer

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Fail to provide a breath specimen

If you are suspected of driving with excess alcohol in your body, you may be asked to provide a breath sample at the roadside. If that sample is positive, you are likely to be arrested and take to the police station.   Why do I have to do it again at the police station? Once […]

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Criminal Damage

Essentially, the crime is made out if you intentionally or recklessly damage property. Most commonly it is damage to cars and windows, very often as an act of revenge. The damage does not need to be permanent. There have been cases where graffiti, water-soluble paints on a pavement and squashing a policeman’s helmet have all […]

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Entrapment

Agent provocateur is French for “inciting agent”, an entrapment situation where a person is enticed, incited or encouraged into committing an offence that he would not have otherwise committed.   How does it relate to criminal law? The police frequently use undercover police officers in relation to drugs offences. An officer becomes familiar with local […]

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Manslaughter – New Sentencing Guideline

The Sentencing Council, responsible for setting sentencing guidelines in England and Wales, has today issued a new guideline in relation to manslaughter offences.   Which offences are covered? The guideline covers: Unlawful act manslaughter – a common law offence Gross negligence manslaughter  – a common law offence Manslaughter by reason of loss of control – […]

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The Death Penalty and Extradition

In the UK we have not had the death penalty for over 50 years. The last hanging in England took place in 1964 when Peter Allen and Gwynne Evans were hanged for the murder of John West, 15 months before the death penalty was abolished. Since then there has been a long-held opposition to the […]

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Cliff Richard, Privacy and the Data Protection Act

In July 2014 the BBC filmed a search of Sir Cliff Richard’s property by the South Yorkshire Police. He was not arrested for any offence. South Yorkshire Police provided the BBC with information that enabled them to be present at the scene. The disclosure given was that he was under investigation and the date, time […]

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Consent

It should be easy enough, shouldn’t it? Yes or no? As always, life and the law are more complicated than that, and the issue of consent is not so simple.   What is consent? A person consents if she or he agrees by choice and has the freedom and capacity to make that choice.   […]

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It’s health and safety gone mad!

Or is it? The Health and Safety Executive is the national regulator for workplace health and safety. Interestingly, on its website, there is a page for debunking health and safety myths, such as the one where flags were banned from civic cars for “health and safety”, or the removal of alcohol from a workplace Christmas […]

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Explosives

Rather than Guy Fawkes or his modern-day counterparts many of the recent cases involving explosives have been in relation to thefts from cash machines. The law is old but still very relevant today; it may not be appreciated that a separate, more serious offence, may be being committed when explosives are used to facilitate another […]

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Arson

Arson is a confusing area of the law as there are a number of different offences to consider.   What are the different offences?    Simple arson    Arson, being reckless as to whether life is endangered    Arson with intent to endanger life   Simple arson This offence is one of causing criminal damage by fire; examples […]

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