Tina Malone – when sharing a picture can have you sent to prison

The murder of James Bulger in 1993 shocked everyone. That the killers who committed such a violent crime were only ten years of age was astounding. Many people, rightly, felt they should be punished to the full extent of the law. But some people think that the punishment should go further. As a result, Jon … Continued

Civil Contingencies Act, Martial Law and a State of Emergency

The Civil Contingencies Act 2004 confers a power to make regulations if an ‘emergency’ has occurred or is about to occur. In other words, a power to declare a state of emergency and make regulations to deal with it. The reason that this is currently interesting is that the definition of emergency within the Act … Continued

Facilitating Tax Evasion

HMRC is reported to be investigating alleged violations of a new criminal offence, part of the crackdown on money laundering, for the first time. A freedom of information request made by law firm Greenberg Taurig revealed there are five current criminal investigations. The Criminal Finances Act 2017 introduced the new offence of failing to prevent … Continued

Prosecution Time Limits

Last week the Defence Secretary Gavin Williamson suggested a 10-year time limit ( a Statute of Limitations) on the prosecution of soldiers accused of murder during military engagement. This proposal was in response to reports that British soldiers may face prosecution over deaths during the Northern Ireland troubles in the 1970s and 80s. So, what … Continued

Knife crime – Searching for solutions

The Home Secretary will this week hold an urgent meeting with police chiefs to discuss the recent rise in knife crime. This follows another week of senseless killings and the publication of figures that show the number of people aged 16 and under being stabbed rose by 93% between 2016 and 2018. Channel 4 found, … Continued

Counterfeit Currency – You May Pay a Very High Price

  In straitened financial circumstances, it can be tempting to consider purchasing counterfeit money. While the price of such ‘currency’ fluctuates widely, it is often as low as 25% of the face value, making it a tempting proposition. State currency producers spend millions each year on devising and improving security safeguards, and that counterfeit currency … Continued

Modern Slavery – A Defence to Drug Dealing and other offences ?

The short answer is: maybe.  Section 45 of the Modern Slavery Act 2015 provides a defence to specific criminal charges where it is shown that they were committed under a compulsion due to slavery or exploitation (for over-18s) or as a direct consequence of slavery or exploitation (for under-18s). The latter test, for children, is … Continued

Causing Death by Dangerous Driving – Sentencing Issues

In a recent case His Honour Judge Jeremy Richardson QC was faced with the task of sentencing 3 offenders for their part in causing the death of 4 people, and seriously injuring 3 others. The main offender Elliot Bower received a total prison sentence of 11 1/2 years. The offence of causing death by dangerous … Continued

Voyeurism and ‘Upskirting’ – Government Acts to Strengthen Law

The Voyeurism (Offences) (No 2) Bill completed its parliamentary journey on 15th January 2019 and will shortly receive Royal Assent. As the Act will create new criminal offences, the usual convention is that at least two months will pass before the offence comes in to force. Why was this law passed? This new law deals … Continued

Sleepwalking – Is It A Defence?

You wake up one morning and the horror of the night before quickly unfolds. Blue lights and uniformed police officers greet you, search your house and find your girlfriend dead in the bathroom. You have no memory of anything happening overnight, and she was alive and well when you went to sleep. You are arrested … Continued

Soubry and the Nazi Slur – An Offence?

Was it an offence to accuse Anna Soubry of being a Nazi whilst she was broadcasting on Sky News? Potentially, is the answer. The Public Order Act 1986 contains the most likely candidates for any prosecution, in sections 4, 4A, and 5. These sections deal with ‘lower level’ public order offences. What are those provisions? … Continued