Consent It should be easy enough, shouldn’t it? Yes or no? As always, life and the law are more complicated than that, and the issue of consent is not so simple. What is sexual consent? A person consents if she or he agrees by choice and has the freedom and capacity to make that choice. … Continued
Arson is a confusing area of the law as there are a number of different offences to consider. What are the different offences? 1. Simple arson 2. Arson, being reckless as to whether life is endangered 3. Arson with intent to endanger life Simple arson This offence is one of causing criminal damage by fire; … Continued
The Sentencing Council has published new definitive guidelines for intimidatory offences, it will take effect in respect to all cases sentenced on or after 1 October 2018, so may well affect your current case. Sentencing Council member Judge Rosa Dean said: “Our guidelines recognise and reflect the very intimate, personal and intrusive nature of these … Continued
A critical evidential problem for courts is how much weight to place upon identification evidence where that evidence is weak or based on a very brief encounter. You would think that the usual rules apply regarding the jury’s verdict; if they are not sure that the defendant has been properly identified as the perpetrator then … Continued
There is a defence in law known as necessity or duress of circumstances. It can be very difficult to demonstrate and will only apply in unusual and extreme circumstances. It is used to describe a situation where someone is forced by the demands of the situation to act unlawfully, and where a worse situation was … Continued
The Sentencing Council, which is the body responsible for setting sentencing guidelines in England and Wales, has today published proposed new guidelines in respect to public order offences. What offences are covered? The guidelines will apply to the following offences, all of which are to be found in the Public Order Act 1986: • Riot • Violent … Continued
It took two years for “Tom” to be discharged having been accused, our of the blue, of sexually assaulting his ex girlfriend When Natalie found that Tom had been messaging his ex (and mother of his child ) , she was staying with him at his mothers’ small house . An argument ensued until until the next … Continued
In the crown court, while a fine is not the most common punishment meted out, when they are imposed they tend to be very large. Do I have to pay the fine all at once? Sometimes a court will order full payment (and may give a period of time for this to be completed), but … Continued
When clients turn their mind to what punishment they might receive if they plead guilty to, or are convicted of, a criminal offence, in most cases the thought is whether it might be a prison sentence, a community penalty, or a hefty fine. Sentencing Is Its Own Risky Business – The Hidden Penalty While the … Continued
The High Court has given judgment in the first of what are referred to as ‘right to be forgotten’ cases. The ‘Right to Be Forgotten’ – An Unsatisfactory Score Draw Two applicants referred to in the judgment as NT1 and NT2 had been convicted in the past of a criminal offence. In both cases, the … Continued
The law of self-defence is again in the spotlight following the case of 78-year-old Richard Osborn-Brooks who was briefly investigated after the fatal stabbing of a burglar who entered his property. Mr Osborn-Brooks woke in the early hours to find two men in his house and stabbed one of the intruders in the upper body, … Continued
The DBS is a government organisation responsible for the reporting of convictions and other information to employers and other relevant organisations. What Data is Held? The DBS holds three classes of information: Class 1: spent and unspent convictions, cautions, reprimands and final warnings Class 2: class 1 information plus police intelligence information (for example the … Continued
