New Public Order Laws – Curbs on peaceful protest ?

Current legislation to manage protests provides predominantly for powers to counter behaviours at protests which are violent or distressing to the public. These powers include those under the Public Order Act 1986 (the “1986 Act”) which provides the police with powers to manage public processions and assemblies, including protests. Sections 12 and 14 of the … Continued

Failing to Surrender – Blame the Brief ?

  When a court bails a person, they will often be given a precise future date on which they should attend again. In the Crown Court, this is only sometimes the case, and a client will rely upon their solicitor to inform them of any future dates on which the case is listed, and attendance … Continued

Eye In The Sky

Most motorists are alert to law enforcement when driving, taking notice of speed limits, speed camera warnings, and generally being alert to the fact that a police car may be waiting just around the corner. But how often do you look up? Sure, if you are being pursued at high speed by a police car, … Continued

Is Remote Justice Fair?

 During the Coronavirus Pandemic, the courts resorted to hearings via video link in many cases (‘remote hearings’), and that trend has continued to a lesser extent since. A remote hearing is defined as one where any participant joins the hearing remotely via telephone or video call. Many people have questioned whether such hearings are fair, … Continued

Change to Magistrates’ Sentencing Powers & Early Release

The sentencing regime in the magistrates’ court is notoriously complex and about to change again following a government U-Turn. In May 2022, the government allowed magistrates to imprison an adult for up to 12 months for a single either-way offence; the previous maximum for a single offence was 6 months. This change was designed to … Continued

Child Cruelty – Sentencing Changes

Updates to sentencing guidelines for offenders convicted of child cruelty offences including causing or allowing death or serious injury in England and Wales, were published this week by the Sentencing Council following consultation. Why have the guidelines been revised? Under the Police, Crime, Sentencing and Courts (PCSC) Act 2022, for offences committed on or after … Continued

Driving Disqualifications – Lifetime Ban?

The Court of Appeal has issued guidance on whether it is ever appropriate to disqualify someone from driving a motor vehicle for the rest of their life. The Court was considering a case where a Judge made the following remarks when imposing such a ban: “… you are an absolute menace to other road users. … Continued

The Mason Greenwood Case – What do we know?

This will be a concise article because the answer to the question, at least for most of us, is that we don’t know much! What we know is that a complaint was made to the police that led to Greenwood being charged in October 2022 with one count of attempted rape, one count of controlling … Continued

Modern Slavery – A Legal Minefield

  The issue of modern slavery and legal defences that might be available to those suspected of crime has occupied a great deal of judicial time over the last five years. The latest case to come before the court, AFU [2023] EWCA Crim 23, resulted in the conviction being quashed, despite guilty pleas having been … Continued

Further Expansion of the Single Justice Procedure

  The Single Justice Procedure (“SJP”) is designed to enable magistrates’ courts to deal with minor offences more efficiently, while still ensuring rigorous, open and fair justice. Whether those aims are in fact met is the subject of some intense debate, with a number of high-profile journalists consistently exposing weaknesses in the system. 535,000 cases … Continued

Will Password Sharing Land You in The Dock?

  It is standard for people to share a Netflix account (the same is true of other sharing services). In many instances, it is perfectly proper to do so when those persons are all part of the same household. But sharing password access with relatives and friends further afield has always been something widely acknowledged … Continued

Excess….As Night Follows Day

It’s funny how things change as the years pass by. Perhaps only ten years ago, if we were thinking about particular spikes in alleged criminal offending over the Christmas period, the one that would jump out would always be drunk driving. These days it is common to come across drug driving due to advances in … Continued