The Crown Prosecution Service recently produced new guidance for prosecutors considering rape charges. The new guidance was said to help tackle rape myths and stereotypes, several of which were referenced. How much of an issue are rape myths? According to the media there are were issues with rape trials and jurors do not like to … Continued
Eight new guidelines have been published for Firearms offences following an earlier consultation. The guidelines will come into force on 1 January 2021. What are sentencing guidelines? These are guidelines that must be followed by sentencers. The guidelines must be followed unless the Judge or Magistrates’ consider it is not in the interests of … Continued
Whenever a person is remanded in custody in criminal proceedings, a time limit is set within which the trial must be concluded. The Covid lockdown meant that trials were temporarily suspended leading to issues with custody time limits, if a trial cannot take place within the specified timeframe an application can be made for the … Continued
There are typically less than 100 prosecutions each year for this offence but given that the defendants are public servants such as police officers, prison officers and the like, the consequences of a conviction on careers, pensions and even liberty can be very severe. This week the Law Commission, which is the statutory body responsible … Continued
E-scooters Did you know that e-scooters fall within the definition of a motor vehicle? You would not be alone if you said no. BSB solicitors commissioned a survey of the general public last year which found that only 25% were aware that it was illegal to ride e-scooters anywhere except for private land. Due to … Continued
It is an offence to “ply for hire” without a licence. The offence comes from the Town and Police Clauses Act 1847, section 45 states it is an offence for a person to allow a vehicle (referred to as a carriage) to be used as a hackney carriage plying for hire without having obtained a … Continued
If the Attorney General believes that a sentence is “unduly lenient”, or too soft as the newspapers may say, she can ask for the case to be referred back to court to be reconsidered. This is what happened to Taha Amin. He pleaded guilty to several robberies and thefts and was sentenced to 23 … Continued
Transfer of sentence to the UK If you have been convicted in a foreign jurisdiction and want to serve your custodial sentence in the UK we can assist with transferring your sentence. You may be living in the UK or already in prison subject to extradition proceedings. The UK and the relevant foreign jurisdiction will … Continued
New guidelines take effect in the next few weeks, which will promote pre-charge engagement between the defence and police. What is pre-charge engagement? Pre-charge engagement refers to voluntary engagement between the parties to an investigation after the first police (PACE) interview, and before any suspect has been formally charged. Pre-charge engagement is a voluntary process … Continued
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
Cell site expert – helps BSB client secure acquittal R V CNC & others The jury found our client not guilty after a trial in which the prosecution alleged that he and four others wearing masks entered residential premises and threatened the documents with a knife. The prosecution used evidence form his mobile phone … Continued
The closing speech is a significant opportunity for the defence to make a plea to the jury as to why a not guilty verdict ought to be returned. The speech, which will follow any prosecution closing, allows the defence to attempt to destroy parts or all of the prosecution case, and emphasise the strengths of … Continued
