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
In a recent case an appellant, referred to only as “V” pleaded guilty to producing cannabis and was sentenced to 26 months’ detention. He appealed against his conviction. The first issue you may think of is that he pleaded guilty, so how could he appeal against conviction? V put forward several arguments; he said his … Continued
Newspapers regularly report that the number of rape prosecutions are low or falling. The Crown Prosecution Service has now published new draft legal guidance for prosecutors on “rape myths and stereotypes” as part of the revision of guidance on rape and serious sexual offences. In July this year, the CPS published a five-year strategy to … Continued
