When sentencing for offences of assault, the use of a weapon will always be an aggravating feature. The sentencing guideline also refers explicitly to “highly dangerous weapons” and will be treated as a particularly serious feature of the offending. In a recent case before the Court of Appeal, the court was considering whether a … Continued
In a recent case (Spivey [2022] EWCA Crim 997) a Judge was faced with offenders who had just turned 18 years of age. When sentencing, he made the following observation: “I do have in mind the guidelines in relation to sentencing children and young people.” However, he concluded that as one of the appellants … Continued
Custody time limits seek to regulate the maximum period that a person can be held in custody before their trial commencing. Broadly speaking, that period is one of six months. To extend the period beyond six months, the prosecution must have acted with all due diligence and expedition, and there must be good and … Continued
Several offences, such as those involving offensive weapons and blades, have minimum sentencing provisions, resulting in imprisonment for at least six months for many offenders. A question arose as to whether such prison sentences could lawfully be suspended. In the case of Whyte Whyte [2018] EWCA Crim 2437 the court held: “Although section 189 of … Continued
The trial of former footballer Ryan Giggs ended this week without a verdict. The aim of any trial is for a verdict to be reached on all counts, whether guilty or not guilty. Ideally, a jury will be unanimous in its view. In the Giggs trial, it became apparent that a unanimous verdict looked … Continued
As part of a standard stop and search, police officers can require those being searched to remove an outer coat, jacket, or gloves. Officers also have legal powers to require individuals to remove more clothing. This is commonly referred to as “strip searching”. Strip searches are recognised as a highly intrusive interaction with the police … Continued
A commitment to fairness for all parties is at the heart of a new Defendants Strategy, launched this week by the Crown Prosecution Service (CPS). The three-year strategy addresses areas where suspects and defendants may face challenges when involved in the criminal justice system, focusing on three priorities – mental health, youth justice and the proportionality … Continued
With effect from 27th June 2022 barristers in England & Wales will be taking industrial action in order to protest against what they see as the deteriorating state of the criminal justice system. A form of action, known as “no return” is already in place, but further measures are being taken in order to force … Continued
Drug Supply – the role of algorithms A recent Court of Appeal case shed some light on the use of algorithms to measure the likely quantities of drugs supplied by a particular defendant. The algorithm has been designed by a police officer of the Metropolitan Police Service, in collaboration with an organisation called Forensic Analytics. … Continued
The offence of causing death by dangerous driving currently carries a maximum prison sentence of 14 years. In a recent case (Hughes [2022] EWCA Crim 538) the sentencing judge adopted a starting point of 14 years (the maximum) before discounting it for a guilty plea. During the Crown’s opening, when reference was made to the … Continued
The Sentencing Council has this week published revised sentencing guidelines for a number of sexual offences.These new guidelines will apply to those sentenced on or after 31 May 2022, and in one case to those sentenced on or after 1 July 2022. Which offences are covered by these changes? The revisions cover: Arranging or facilitating … Continued
The Environment Agency Chief Executive, Sir James Bevan, has made a speech on waste crime at an event with Let’s Recycle and the Environmental Services Association. The Executive said that he called waste crime the “new narcotics” six years ago. In the same way, it took some time for the authorities to wake up to … Continued
