Circumstantial Evidence

Circumstantial evidence is widely misunderstood, and many people cannot understand how a case can be advanced without primary evidence of wrongdoing.   To illustrate this, we can use two examples relating to burglary. Burglary can be committed in quite a few different ways, but the most common allegation is that a person entered a building as … Continued

Forensic evidence

The Forensic Science Regulator regulates forensic scientists in England and Wales. The Regulator ensures that the provision of forensic science evidence across the criminal justice system is subject to appropriate standards. The Regulator has recently said that there are gaps in quality that need to be resolved in order to prevent the use of unreliable … Continued

Tougher approach to assaults on NHS staff

Matt Hancock, Secretary of State for Health and Social Care, has written to NHS staff voicing his concern in relation to the use of violence against emergency workers. Hancock’s approach mirrors that taken last year by police chiefs worried about the rise in violence used towards police officers. Last year’s NHS Staff Survey revealed that … Continued

Prosecuting Without A ‘Victim’

We often get asked how prosecutions can proceed in the absence of cooperation from the victim or chief witness. The starting point is that no prosecution can go ahead unless there is a realistic prospect of conviction, but how the prosecution case is formulated remains a matter for the Crown Prosecution to decide. These are … Continued

Speeding and GPS – Does the camera lie?

Peter Marrable was summonsed to court for speeding. The allegation was that he had driven at 72mph in a temporary 50mph zone. The police produced evidence of the speed from a ‘Trucam’ device that was approved, calibrated and operating correctly. Mr Marrable produced evidence from a GPS tracker that was fitted to his company vehicle … Continued

“Blackmail” – “…attempted murder of the soul.”

A new series on Netflix, ‘The Stranger’, is receiving rave reviews, with viewers keen to discover the secret being kept from lawyer Adam Price, as the search continues for his missing wife. There are many sub-plots along the way, including the blackmail of several individuals keen to suppress unsavoury stories making their way into the … Continued

End of automatic release for some persons convicted of terrorist offences

On Sunday 1st February 2020 Sudesh Amman wore a fake suicide vest and stabbed two people in Streatham. Amman had only recently been released from a prison sentence imposed for spreading extremist material; he had been released after serving half of his sentence. Usman Khan, one of the London Bridge attackers, had also been released … Continued

Driving disqualifications

The Sentencing Council is responsible for issuing guidelines on sentencing for the courts to follow. Guidelines must be followed unless it is in the interests of justice not to do so. New guidelines are now being proposed in respect of disqualifications from driving. What is being proposed? The guidance mainly relates to cases dealt with … Continued

Recording and Broadcasting in Court

Recording and Broadcasting in Court                                           It has long been a criminal offence to take photographs or make recordings in court; even sketch artists have to sketch from memory rather than while in court. In 2011 an 85-year-old man was sent to prison for recording court proceedings, and Stephen Yaxley-Lennon (commonly known as Tommy Robinson) recently … Continued

Date rape drugs and the law

Reynhard Sinaga was sentenced to life imprisonment for the rape and sexual assault of 48 victims. The student is believed to have laced drinks with GHB to make his victims lose consciousness and have no recollection of what happened. He denied the offences saying that the acts were all consensual and the men would “act” … Continued

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