Listed Building Consent – Avoiding Court

There are approximately 500,000 listed buildings in England alone, with some 92% being Grade II.    A building is listed when it is of special architectural or historic interest in a national context. Listed buildings have extra legal protection within the planning system. Listing covers a whole building, including the interior, unless parts of it … Continued

Abuse of Process

It is commonly thought that a magistrates’ court does not have the power to resolve all issues that might lead to abuse of process being argued. In the recent case of Mansfield v Director of Public Prosecutions [2021] EWHC 2938 (Admin), the facts were as follows: The appellant challenged a decision refusing an application to … Continued

Problem gambling and crime

  The Howard League for Penal Reform launched The Commission on Crime and Problem Gambling in 2019, and it is scheduled to end next year. The Commission seeks to answer three questions: What are the links between problem gambling and crime? What impact do these links have on communities and society? What should be done? … Continued

Fireworks regulations and the four times a year rule

  Regulation of fireworks As fireworks are explosives, there are strict laws governing the sale, possession and use of them. The House of Commons Library has published a briefing paper, providing a detailed overview of the current provisions. In brief Since January 2005, the sale of fireworks to the public has been prohibited, except from … Continued

Government bangs the law and order drum – what next ? – Part 1

New government policies and the party conference – Part 1 The Tory Party Conference has been taking place in Manchester, with several announcements being made that are relevant to the criminal justice system. Its taken Wayne Couzens to address  violence against women Wayne Couzens, the former police officer who pleaded guilty to the murder of … Continued

Mental health in prison

The Justice Committee has just published a report looking at those imprisoned with mental health issues. The report concluded that the Government must establish viable alternatives so that prisons are no longer used as a “place of safety” under the Mental Health Act. What is the problem? In 2005 the NHS took over the responsibility … Continued

Out of date legislation, scoot over

Convenience-culture and heightened environmental awareness have ushered in the era of zero-carbon electric scooters. Department of Transport sanctioned  trial rental schemes started in 2020 and are running in selected areas across country. The fleets of branded e-scooters zipping across British cities and towns reflect the significant shift away from public transport to ensure social distancing, … Continued

Modern slavery – new sentencing guidelines

The Sentencing Council has the responsibility of developing and monitoring sentencing guidelines. The aim is to promote consistency in sentencing while maintaining the independence of the judiciary. Following a consultation period, the Council has published sentencing guidelines for offences under the Modern Slavery Act 2015. The guidelines apply to adult offenders and cover the following … Continued

Threats to share intimate images

The Domestic Abuse Bill introduced a new offence which came into effect on 29th June 2021. Section 69 of the Domestic Abuse Act 2021 creates a new offence of threatening to disclose a private sexual photograph or film in which another individual appears, and by doing so, the person intends to cause distress to that … Continued

Trade mark offences – new sentencing guidelines

The Sentencing Council produces guidelines on sentencing for the judiciary and criminal justice professionals. The aim is to promote greater consistency in sentencing whilst maintaining the independence of the judiciary. The guidelines set sentencing ranges within the maximum for the offence and must be followed unless the court is satisfied that it would not be … Continued

Police, Crime, Sentencing and Courts Bill – what are they really offering ?

The Police, Crime, Sentencing and Courts Bill was introduced in the House of Lords in early July and awaits a second reading. The Bill is formed of thirteen parts, including provisions to: introduce measures for the protection of the police; introduce legislation for the prevention, investigation and prosecution of crime; make changes to the policing … Continued

DVLA and Roadside checks

  Technology has been developed by the DVLA and the Home Office for police officers to use at the roadside to confirm the identity of a driver. The technology allows instant access to a photograph of the driver. The picture is held on the DVLA driver’s database, and immediate access is provided to officers dealing … Continued