Several offences, such as those involving offensive weapons and blades, have minimum sentencing provisions, resulting in imprisonment for at least six months for many offenders. A question arose as to whether such prison sentences could lawfully be suspended. In the case of Whyte Whyte [2018] EWCA Crim 2437 the court held: “Although section 189 of … Continued
The trial of former footballer Ryan Giggs ended this week without a verdict. The aim of any trial is for a verdict to be reached on all counts, whether guilty or not guilty. Ideally, a jury will be unanimous in its view. In the Giggs trial, it became apparent that a unanimous verdict looked … Continued
As part of a standard stop and search, police officers can require those being searched to remove an outer coat, jacket, or gloves. Officers also have legal powers to require individuals to remove more clothing. This is commonly referred to as “strip searching”. Strip searches are recognised as a highly intrusive interaction with the police … Continued
A commitment to fairness for all parties is at the heart of a new Defendants Strategy, launched this week by the Crown Prosecution Service (CPS). The three-year strategy addresses areas where suspects and defendants may face challenges when involved in the criminal justice system, focusing on three priorities – mental health, youth justice and the proportionality … Continued
The outlook wasn’t looking great for criminal legal aid in early 2002 when four solicitors with an average age of approximately 34 decided to open their own criminal defence firm, six years had passed since the last increase in legal aid rates, but little did any of us now that in the week of our … Continued
With effect from 27th June 2022 barristers in England & Wales will be taking industrial action in order to protest against what they see as the deteriorating state of the criminal justice system. A form of action, known as “no return” is already in place, but further measures are being taken in order to force … Continued
Drug Supply – the role of algorithms A recent Court of Appeal case shed some light on the use of algorithms to measure the likely quantities of drugs supplied by a particular defendant. The algorithm has been designed by a police officer of the Metropolitan Police Service, in collaboration with an organisation called Forensic Analytics. … Continued
The offence of causing death by dangerous driving currently carries a maximum prison sentence of 14 years. In a recent case (Hughes [2022] EWCA Crim 538) the sentencing judge adopted a starting point of 14 years (the maximum) before discounting it for a guilty plea. During the Crown’s opening, when reference was made to the … Continued
The Environment Agency Chief Executive, Sir James Bevan, has made a speech on waste crime at an event with Let’s Recycle and the Environmental Services Association. The Executive said that he called waste crime the “new narcotics” six years ago. In the same way, it took some time for the authorities to wake up to … Continued
The common law has long had a concept of “reasonable chastisement” when it comes to disciplining children. A parent or person in loco parentis may administer reasonable corporate punishment, although concepts of “reasonableness” have narrowed. In 2001 the Court considered the issue of reasonableness and said that standards change as the years pass and … Continued
Facial Recognition The College of Policing has published a guide to the use of live facial recognition technology. The guide is intended to ensure a consistent approach across forces with a clear legal and ethical framework. The College sets out five aims for the guidance: live facial recognition (LFR) technology should be used in a … Continued
The Transport Secretary, Grant Shapps, has announced a consultation on the issue of whether those convicted of drug driving should have to undergo rehabilitation.Those convicted of drink driving, as opposed to drug driving, are usually offered the drink driver rehabilitation course. If successfully completed within the set time, the offender is given a reduction … Continued
