Pre-sentence Reports In some cases, a court must order a pre-sentence report (s 156 Criminal Justice Act 2003), and a report will be appropriate in many instances when it is not a legal requirement. Sometimes a court may not be receptive to the idea of ordering...
Investigating and Prosecuting Rape Cases Her Majesty's Crown Prosecution Service Inspectorate has published a new report in relation to the investigation and prosecution of rape cases. The significant findings are: Since 2016, the number of cases prosecuted by the CPS has fallen by 52%. This is...
Unduly Lenient Sentences - Scheme to Be Extended The government has announced changes to the Unduly Lenient Sentence ('ULS') Scheme. There are certain offences where the prosecution (via the Attorney General) can ask the Court of Appeal to review a sentence if it is thought to be...
Public Order - New Sentencing Guidelines New sentencing guidelines for public order offences come in to force for adults sentenced on or after 1 January 2020. In August 2008, the Sentencing Guidelines Council published Magistrates’ Court Sentencing Guidelines (MCSG) guidelines on sentencing the offence of affray...
Firearms - Sentencing Reform The Sentencing Council is consulting on a new guideline for some of the most commonly prosecuted firearms offences. At the moment, guidance is to be found only in case law, and this can lead to a challenging sentencing exercise. The purpose of the...
Rights - A Mere Illusion? The EU has published a report, 'Rights in practice: access to a lawyer and procedural rights in criminal and European arrest warrant proceedings', that details the extent to which fundamental human rights, in the context of criminal justice, are upheld across...
Delayed Justice Janet Commins was born on 9 June 1960. On 7 January 1976, shortly after 7.00 pm, she left her home in Flint to meet friends at the local swimming baths. She left a note for her parents, as she often did, to say that...
The Absent Witness In some instances, it is not convenient for a witness to be present in court to give evidence, generally because they live or work some distance away from the court, or some other good reason. There are legal provisions that cater for this scenario,...
Airports, Planes and Alcohol It has been reported in the press that 500 people have been arrested while drunk on a plane at British airports in the last three years. For many people a holiday begins once cases have been checked in, and what is the harm...
The Cut-Throat Defence A cut-throat defence is where one defendant gives evidence that is damaging to a co-defendant's case, sometimes going as far as directly accusing the other person of the crime, while typically seeking to exonerate themselves. Such evidence may be given directly by a defendant...