In a recent case, an offender offered the following by way of mitigation: ‘[He] said that he owed a gang £25,000 for his passage to the United Kingdom. He now said that he had initially been working on a construction site and had moved to work where the cannabis was being grown some … Continued
The Sentencing Council has published 12 new and revised sentencing guidelines for offenders convicted of motoring offences in England and Wales. The new and revised guidelines, which apply to adults only, will come into effect on 1 July 2023. The changes include updated versions of six current guidelines that were published in 2008 and reflect … Continued
A blood test to measure whether a driver who has caused an accident was impaired by lack of sleep could be available within two years, making it easier to legislate against drowsy drivers or their employers. Is this really a problem? Globally, more than 1.35 million people are fatally injured in road traffic crashes, with … Continued
Current legislation to manage protests provides predominantly for powers to counter behaviours at protests which are violent or distressing to the public. These powers include those under the Public Order Act 1986 (the “1986 Act”) which provides the police with powers to manage public processions and assemblies, including protests. Sections 12 and 14 of the … Continued
When a court bails a person, they will often be given a precise future date on which they should attend again. In the Crown Court, this is only sometimes the case, and a client will rely upon their solicitor to inform them of any future dates on which the case is listed, and attendance … Continued
Most motorists are alert to law enforcement when driving, taking notice of speed limits, speed camera warnings, and generally being alert to the fact that a police car may be waiting just around the corner. But how often do you look up? Sure, if you are being pursued at high speed by a police car, … Continued
During the Coronavirus Pandemic, the courts resorted to hearings via video link in many cases (‘remote hearings’), and that trend has continued to a lesser extent since. A remote hearing is defined as one where any participant joins the hearing remotely via telephone or video call. Many people have questioned whether such hearings are fair, … Continued
The sentencing regime in the magistrates’ court is notoriously complex and about to change again following a government U-Turn. In May 2022, the government allowed magistrates to imprison an adult for up to 12 months for a single either-way offence; the previous maximum for a single offence was 6 months. This change was designed to … Continued
Updates to sentencing guidelines for offenders convicted of child cruelty offences including causing or allowing death or serious injury in England and Wales, were published this week by the Sentencing Council following consultation. Why have the guidelines been revised? Under the Police, Crime, Sentencing and Courts (PCSC) Act 2022, for offences committed on or after … Continued
The Court of Appeal has issued guidance on whether it is ever appropriate to disqualify someone from driving a motor vehicle for the rest of their life. The Court was considering a case where a Judge made the following remarks when imposing such a ban: “… you are an absolute menace to other road users. … Continued
This will be a concise article because the answer to the question, at least for most of us, is that we don’t know much! What we know is that a complaint was made to the police that led to Greenwood being charged in October 2022 with one count of attempted rape, one count of controlling … Continued
The issue of modern slavery and legal defences that might be available to those suspected of crime has occupied a great deal of judicial time over the last five years. The latest case to come before the court, AFU [2023] EWCA Crim 23, resulted in the conviction being quashed, despite guilty pleas having been … Continued
