Out of date legislation, scoot over

Convenience-culture and heightened environmental awareness have ushered in the era of zero-carbon electric scooters. Department of Transport sanctioned  trial rental schemes started in 2020 and are running in selected areas across country. The fleets of branded e-scooters zipping across British cities and towns reflect the significant shift away from public transport to ensure social distancing, … Continued

Modern slavery – new sentencing guidelines

The Sentencing Council has the responsibility of developing and monitoring sentencing guidelines. The aim is to promote consistency in sentencing while maintaining the independence of the judiciary. Following a consultation period, the Council has published sentencing guidelines for offences under the Modern Slavery Act 2015. The guidelines apply to adult offenders and cover the following … Continued

Threats to share intimate images

The Domestic Abuse Bill introduced a new offence which came into effect on 29th June 2021. Section 69 of the Domestic Abuse Act 2021 creates a new offence of threatening to disclose a private sexual photograph or film in which another individual appears, and by doing so, the person intends to cause distress to that … Continued

Trade mark offences – new sentencing guidelines

The Sentencing Council produces guidelines on sentencing for the judiciary and criminal justice professionals. The aim is to promote greater consistency in sentencing whilst maintaining the independence of the judiciary. The guidelines set sentencing ranges within the maximum for the offence and must be followed unless the court is satisfied that it would not be … Continued

Police, Crime, Sentencing and Courts Bill – what are they really offering ?

The Police, Crime, Sentencing and Courts Bill was introduced in the House of Lords in early July and awaits a second reading. The Bill is formed of thirteen parts, including provisions to: introduce measures for the protection of the police; introduce legislation for the prevention, investigation and prosecution of crime; make changes to the policing … Continued

DVLA and Roadside checks

  Technology has been developed by the DVLA and the Home Office for police officers to use at the roadside to confirm the identity of a driver. The technology allows instant access to a photograph of the driver. The picture is held on the DVLA driver’s database, and immediate access is provided to officers dealing … Continued

It’s coming home, make sure you do

Your son or daughter, demob happy having  finished school, lockdown restrictions lifted and carried by the elation of England’s progress in Euro 2021 has joined a group of friends to enjoy the spectacle in a pub or park. There have been so few opportunities to enjoy a shared crowd experience, they are not going to … Continued

Rape Review – root and branch evaluation

Rape review The Government’s End to End Review of the Criminal Justice System Response began in 2019. The purpose was to look at evidence across the system, from reporting rape to the police through to court outcomes, to understand what was happening in cases of adult rape. Although the number of reported cases has not … Continued

How long can seized cash be detained for ?

HMRC seized £35,000 cash in plastic carrier bags from a Mr Mann as it was suspected he was fraudulently evading excise duty. Boxes of vodka worth around £220,000 had also been found on the premises. Once cash is seized, it can be held for up to 48 hours, after which time an application must be … Continued

Burglary guidelines – more flexibility needed ?

    New proposed sentencing guidelines – burglary The Sentencing Council has announced a consultation on the revision of sentencing guidelines for domestic, non-domestic and aggravated burglary offences. The existing burglary definitive guideline was the second to be developed by the Sentencing Council and came into force in 2012. The proposed guidelines have been developed … Continued

Child sexual offences

  Draft revised sentencing guidelines have been produced to reflect recent Court of Appeal judgments. The guidelines clarify sentencing guidance for cases where no sexual activity occurs or where the targeted child does not exist. The revised guidelines are subject to consultation, which will close on 13th August 2021. The main revisions apply to offences … Continued

A very painful process

“Jake” was sixteen and a half when he was arrested for an offence which took place in October 2017 . Today two months after his 20th birthday, the prosecution have finally accepted that there is no prospect of conviction. In the mean streets of the M1 corridor there was a fight between a group of … Continued