In some instances, it is not convenient for a witness to be present in court to give evidence, generally because they live or work some distance away from the court, or some other good reason. There are legal provisions that cater for this scenario, and while the prosecution widely uses them (notably for police officers), … Continued
The prosecution, via the Attorney General, has the right to ask the Court of Appeal to consider whether sentences for certain offences are unduly lenient. How does the scheme work? Anyone can ask the Attorney General to consider whether a sentence is unduly lenient. If the Attorney agrees an appeal will be lodged within 28 … Continued
It is a common feature of American courtroom drama that a defence attorney moves to remove a juror that they do not like the look of. Many clients wonder whether the same type of challenge can take place in an English courtroom. The Jury Pool In some circumstances there can be a challenge to the … Continued
It has been reported in the press that 500 people have been arrested while drunk on a plane at British airports in the last three years. For many people a holiday begins once cases have been checked in, and what is the harm in that? It is clear that drunkenness has become an issue. The … Continued
There have been widespread reports in the press about spare courtroom capacity, with judicial sitting days at an all-time low. These reports correspond to our own experience. When court delay is combined with significant delays in investigating and charging defendants to court, this can mean a very long period between the commission of any crime … Continued
In a truly tragic case, Samantha Ford drowned her 23-month-old twins in the bath. Appearing at the Old Bailey for sentence, the Judge, Mr Justice Edis, handed down a 10-year sentence, causing widespread outrage. Longer sentences are routinely handed down for drug dealing and other crimes. To understand more about this case, we need to … Continued
We all know that the use of mobile phones is banned whilst driving. Or are they? The answer, according to the High Court’s recent decision in Director of Public Prosecutions v Barreto [2019] EWHC 2044 (Admin), is that it depends what you’re doing with it. What did Mr Barreto do? Ramsey Barreto had been convicted … Continued
Is it possible to know the sentence you might get before you plead? In some cases, yes, and that might be enough for a defendant to plead guilty. For some, if they know they won’t go to prison, then they won’t fight a trial. In the Crown Court a sentence indication can be sought by … Continued
The Government has published new plans to make the roads safer for everyone. The plans include several changes for people at every stage of life, and also for more specialised drivers like HGV drivers and motorcycle riders. Children The Department for Transport has granted funding of £225,000 to Good Egg Safety to develop a training … Continued
The Government has published the new Economic Crime Plan for the next three years. In it, they unveil their strategy for dealing with all types of economic crime, such as money laundering, fraud, market abuse, and bribery. What is economic crime, and why is it important? Economic crime is wider than financial crime. It includes … Continued
Over the last few years, we have seen many matters that would previously have been prosecuted before the criminal courts, move into the jurisdiction of other bodies. What we see as a result is a range of specialist regulators best placed to react to perceived industry failings, and if necessary, meet out swift and condign … Continued
We have all read newspaper articles reporting that a drug dealer or fraudster made hundreds of thousands from their offending but was ordered to pay back a much smaller amount. That is not always the end of the matter. What are the proceeds of crime? If a defendant is determined to have had a ‘criminal … Continued
