It is often the case that a defendant does not dispute that a crime has been committed but denies any participation. In such cases, it will be not only essential to challenge any evidence that points to the defendant as being guilty but also look for...
In the usual run of events, a witness will give their evidence, be subject to cross-examination, and in some cases re-examination. But, things do not always go to plan, and the Court of Appeal has had to deal with several such cases. In Stretton and McCallion (1988)...
The closing speech is a significant opportunity for the defence to make a plea to the jury as to why a not guilty verdict ought to be returned. The speech, which will follow any prosecution closing, allows the defence to attempt to destroy parts or...
Human trafficking as a defence In a recent case an appellant, referred to only as “V” pleaded guilty to producing cannabis and was sentenced to 26 months' detention. He appealed against his conviction. The first issue you may think of is that he pleaded guilty, so how...
Encrypted electronic communications 'Encrochat' provided an encrypted telephone network that was said to be popular with criminals for its encrypted messaging. Recent joint police operations in Europe allowed officers to hack into the software resulting in the arrest of 746 suspected criminals in the UK. Across Europe,...
The government has recently approved a proposal to reform the disclosure of criminal records. A review of the sentencing system found that a critical element in reducing offending was having access to employment. Having unspent convictions can be a barrier to gaining employment, so the proposal...
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...
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...
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...
An analysis of criminal appeals reveals that indictment errors, often undetected at the trial stage, can lead to significant injustice. However, the Court of Appeal will not quash a conviction merely because there was some unfairness in the trial process; it will only do so...