Delay & Alleged Historic Offending

    It is now commonplace for us to be asked to deal with cases where a person is accused of a crime, most commonly of a sexual nature, which is said to have occurred many decades earlier. Not surprisingly, those accused will wonder how they can be expected to properly defend themselves after such … Continued

Court backlog

  At the time of publishing, Friday 21st January 2021, our client who was arrested in April 2020 for an offence alleged before the lock down in Feb 2020 saw his two day Crown Court trial delayed until October 2022, some thirty months after the incident .This is far from being the worse example of … Continued

Witness Evidence – Unfinished Business

In the usual run of events, a witness will give their evidence, be subject to cross-examination, and in some cases re-examination.                                                 But, things do not always go to plan, and the Court of Appeal has had to deal with several such cases. In Stretton and McCallion (1988) 86 Cr. App. R. 7, CA a witness … Continued

When Will I Be Sentenced?

In cases where there is more than one defendant, it is a common scenario that one of more pleads guilty, perhaps at an early stage, but others continue their case to trial. A question then arises as to whether those who have pleaded guilty earlier should be sentenced immediately, or at some other point. The … Continued

Trial Delays

A defendant has the right to a fair trial within a reasonable time. In exceptional cases, a delay will lead to a stay of proceedings as an abuse of process. A stay of proceedings is an extremely rare outcome, with the Court of Appeal making the following observation in R v PS [2013] EWCA Crim … Continued