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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, […]

The Victims and Prisoners Bill

The government has introduced the Victims and Prisoners Bill into Parliament The government says that: “The bill will introduce measures to better serve victims and the public through improving victims’ experiences of the Criminal Justice System, establishing an Independent Advocate to support victims of major incidents, strengthening the parole system and restricting marriage in prisons […]

Government Plans Murder & Manslaughter Sentencing Reforms

Government Plans Murder & Manslaughter Sentencing Reforms Domestic abusers who kill their partners or ex-partners will receive tougher sentences under government plans published this week. The law will be changed so a history of coercive or controlling behaviour against the victim or the use of excessive or gratuitous violence are made aggravating factors in sentencing […]

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 […]

Government supports a new public sexual harassment offence

Government supports a new public sexual harassment offence. Public sexual harassment (‘PSH’) will be made a specific offence through government-backed legislation. It is believed that creating an offence would contribute to cultural change and send a clear message that this behaviour is unacceptable. PSH can, when it happens, lead to adverse emotional effects on the victims, […]

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 […]