The Law Commission has recommended reforms that it says will reduce the number of unlawful search warrants being issued, and to assist in the collection of evidence and investigation of crime. Currently, a police officer or other investigator applies to a magistrate or a judge for a search warrant. If granted, a warrant grants legal … Continued
Section 7 Road Traffic Act 1988 states that a person who, without reasonable excuse, fails to provide a specimen when required to do so is guilty of an offence. The offence can be punished by up to six months imprisonment and in some cases, also carries mandatory disqualification from driving.In legal terms, the offence is … Continued
The Law Commission is considering proposals to reform hate crime laws. Hate crime is where a victim is targeted, perhaps for an assault, criminal damage or harassment, based on a protected characteristic. What are protected characteristics? Currently, the protected characteristics are race, religion, sexual orientation, disability and transgender identity. Why are reforms needed? The Commission … Continued
This is the name of the paper presented to Parliament that proposes changes to the sentencing and release frameworks in the criminal justice system. The paper sets out the “problems” they have identified in the system as being automatic release, improving confidence and addressing the causes of offending. Automatic release – the blanket use of automatic … Continued
The Law Commission, which advises the government on law reform has published a report advising changes to laws covering online abuse. Online abuse is covered in the ‘communications offences’ found in section 1 of the Malicious Communications Act 1988 and section 127 of the Communications Act 2003. The Law Commission believes that “these laws suffer … Continued
In March, nearly 50% of courts were closed, and jury trials were halted to reduce interaction between court users dramatically. Although 90% of courts have re-opened there is a backlog of cases. The government has announced a series of new measures to address the current delays in criminal courts. Although some lawyers would argue that … Continued
The Offensive Weapons Act 2019 makes provision for the surrender of certain weapons. Sections 44, 46, 54 and 55 of the Act amend various pieces of legislation with the effect that it becomes an offence to possess certain dangerous knives, offensive weapons, firearms and ancillary equipment which it was previously lawful to keep (including certain … Continued
Legal experts are warning that an onslaught of new cases is inevitable for the Serious Fraud Office amid the coronavirus-prompted recession. “I envisage that much more serious fraud will be uncovered in the next six to 12 months. The SFO will be even more relevant than it has been before, post-pandemic,” says Sam Tate, a … Continued
The presence of fibres on a person or object is a relatively common feature of serious criminal cases, in particular cases of murder or other serious violence. Fibres can be easily transferred, and their presence can indicate a link between people, locations and/or objects. We know that a significant transfer of fibres can take place … Continued
Several police forces have been using facial recognition technology to detect suspects. Cameras placed in public places can scan thousands of faces as they pass by, matching those images with images on a database. The technology can assist in the apprehension of wanted offenders, and potentially track people as they go about their lawful business. … Continued
Ellis Thomas pleaded guilty to a relatively minor public order offence and was sentenced to a community penalty. This penalty becomes the subject of Court of Appeal proceedings due to the following set of facts: “It was imposed on the appellant in the Crown Court not long after his 18th birthday for an offence committed … Continued
The National Crime Agency this week announced that it had infiltrated the secure messaging system ‘Encrochat’, said to be used exclusively by people engaging in criminal activity. Operation Venetic has so far resulted in 746 arrests, and the seizure of: Over £54million in cash 77 firearms, including an AK47 assault rifle, submachine guns, handguns, four … Continued
