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...
The idea of lurking doubt as a ground of appeal was first identified in the case of Cooper [1969] 1 QB 267 when the Court held: '...
The Offensive Weapons Act 2019 makes provision for the surrender of certain weapons. Sections 44, 46, 54 and 55 of the Act amend various pieces of legislation with the effect that it becomes an offence to possess certain dangerous knives, offensive weapons, firearms and ancillary...
Legal experts are warning that an onslaught of new cases is inevitable for the Serious Fraud Office amid the coronavirus-prompted recession. "I envisage that much more serious fraud will be uncovered in the next six to 12 months. The SFO will be even more relevant than...
The presence of fibres on a person or object is a relatively common feature of serious criminal cases, in particular cases of murder or other serious violence. Fibres can be easily transferred, and their presence can indicate a link between people, locations and/or objects. We know that...
In many cases, despite the fact an offence is serious enough for a custodial sentence to be imposed, this can be avoided if the court can be persuaded to suspend the prison sentence. Which length of sentence can be suspended? The sentence must meet these rules: For...
Ellis Thomas pleaded guilty to a relatively minor public order offence and was sentenced to a community penalty. This penalty becomes the subject of Court of Appeal proceedings due to the following set of facts: "It was imposed on the appellant in the Crown Court not...
The Sentencing Council has launched a consultation on new guidelines for sentencing offenders for using a trade mark without the owner’s consent. The new guideline will apply to both individuals and organisations in England and Wales. The new guideline will replace the current guideline published in...
We frequently need to consider the use of force by police officers when arresting or otherwise dealing with suspects. In the year ending March 2018, there were 469,000 recorded incidents of the use of force by police officers, ranging from the use of handcuffs to...
In a startling announcement, Justice Secretary Robert Buckland admitted that the right to a jury trial is in his sights and might be curtailed in a few weeks time. Before the Coronavirus pandemic, the Crown Court case backlog was approximately 39,000 cases. Since lockdown, that number...