Prisoners Abroad – Help is Available

The plight of a 19-year-old British woman hit the news last week, culminating in reports of her being sentenced by a Cypriot court for making what was said to be a false rape allegation. There are many features of this particular case that have caused alarm, and it brings into sharp focus the different legal … Continued

Giving False Information to the Police

It is an offence to give false information to the police. Section 5(2) of the Criminal Law Act 1967 provides: ‘Where a person causes any wasteful employment of the police by knowingly making to any person a false report tending to show that an offence has been committed, or to give rise to apprehension for … Continued

An e-scooter is for private land, not just for Christmas

BSB Solicitors research forecasts that electric scooters are set to be a popular gift this Christmas season, but in a survey we found that the public don’t know where they can be legally ridden in the UK. We look further into the rise in popularity of this form of micromobility and what implications illegal riding can … Continued

Investigating and Prosecuting Rape Cases

Her Majesty’s Crown Prosecution Service Inspectorate has published a new report in relation to the investigation and prosecution of rape cases. The significant findings are: Since 2016, the number of cases prosecuted by the CPS has fallen by 52%. This is despite the fact that there has been a 43% rise in the number of … Continued

Pre-sentence Reports

 In some cases, a court must order a pre-sentence report (s 156 Criminal Justice Act 2003), and a report will be appropriate in many instances when it is not a legal requirement. Sometimes a court may not be receptive to the idea of ordering a report, so we are always alive to the necessity of … Continued

Online Abuse, Courts Keep Up with Modern Techniques

In Chabloz v Crown Prosecution Service [2019] EWHC 3094 (Admin) the High Court dealt definitively with several highly technical legal challenges concerning Communications Act defences. On 25 May 2018 at Westminster Magistrates’ Court, Alison Chabloz, was convicted of three offences under section 127(1)(a) and (b) of the Communications Act 2003. She appealed her convictions to … Continued

Divided Loyalty Can Exact a High Price

A strange case at the Old Bailey drew to a close this week, resulting in a Metropolitan Police Officer, Robyn Williams, being sentenced to a community order with 200 hours of unpaid work, concerning the possession of an indecent video of a child. On the face of it, the sentence is not at all surprising, some … Continued

Tracking violent offenders

 A pilot is being carried out into electronic monitoring global positioning system. The aim of the pilot is to gain information to look at how existing and new electronic monitoring technologies could be used more effectively. A specific pilot is also taking place in London for offenders who have served a custodial sentence for knife … Continued

Getting Tough on Health and Safety

A number of recent cases indicate an increasingly robust approach to health and safety law breaches. Company Director Robert Harvey was imprisoned for ten months following an accident where a fellow worker was crushed to death by an excavator operated by Harvey. The prosecution established that Harvey had failed to undertake a sufficient risk assessment … Continued

Stop and Search

The police, with the support of the Home Office, are making more extensive use of stop and search powers. This new approach is partly due to rising public and political concern about knife crime. A hitherto little-used power to extend the use of stop and search is now being widely used by police forces. Section … Continued

Drink or Drug Driving – The Second Sample

In some cases, the police need to take either a blood or urine sample from a driver suspected of driving under the influence of drink or drugs. In almost all instances, the police opt for a blood sample. Part of the procedure is informing the suspect that they can if they wish request part of … Continued

Diplomatic Immunity

The somewhat arcane topic of diplomatic Immunity has hit the news headlines following the tragic death of 19-year-old Harry Dunn, as a result of a road traffic collision. It has been confirmed that the wife of an American diplomat has returned to the United States and will not face a further criminal investigation in the … Continued