This article refers to adults, the law for youths is different. Do I have a right to bail? The starting point is that you have a “right” to be granted bail. This right can only be taken away in certain circumstances. These circumstances being that the court has substantial grounds to believe that if you … Continued
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 … Continued
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 … Continued
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 sexual consent? A person consents if she or he agrees by choice and has the freedom and capacity to make that choice. … Continued
Arson is a confusing area of the law as there are a number of different offences to consider. What are the different offences? 1. Simple arson 2. Arson, being reckless as to whether life is endangered 3. Arson with intent to endanger life Simple arson This offence is one of causing criminal damage by fire; … Continued
The Sentencing Council has published new definitive guidelines for intimidatory offences, it will take effect in respect to all cases sentenced on or after 1 October 2018, so may well affect your current case. Sentencing Council member Judge Rosa Dean said: “Our guidelines recognise and reflect the very intimate, personal and intrusive nature of these … Continued
A critical evidential problem for courts is how much weight to place upon identification evidence where that evidence is weak or based on a very brief encounter. You would think that the usual rules apply regarding the jury’s verdict; if they are not sure that the defendant has been properly identified as the perpetrator then … Continued
There is a defence in law known as necessity or duress of circumstances. It can be very difficult to demonstrate and will only apply in unusual and extreme circumstances. It is used to describe a situation where someone is forced by the demands of the situation to act unlawfully, and where a worse situation was … Continued
The Sentencing Council, which is the body responsible for setting sentencing guidelines in England and Wales, has today published proposed new guidelines in respect to public order offences. What offences are covered? The guidelines will apply to the following offences, all of which are to be found in the Public Order Act 1986: • Riot • Violent … Continued
It took two years for “Tom” to be discharged having been accused, our of the blue, of sexually assaulting his ex girlfriend When Natalie found that Tom had been messaging his ex (and mother of his child ) , she was staying with him at his mothers’ small house . An argument ensued until until the next … Continued
In the crown court, while a fine is not the most common punishment meted out, when they are imposed they tend to be very large. Do I have to pay the fine all at once? Sometimes a court will order full payment (and may give a period of time for this to be completed), but … Continued
When clients turn their mind to what punishment they might receive if they plead guilty to, or are convicted of, a criminal offence, in most cases the thought is whether it might be a prison sentence, a community penalty, or a hefty fine. Sentencing Is Its Own Risky Business – The Hidden Penalty While the … Continued
